Pairtree Intelligence Pty Ltd
This is a legal agreement between the purchasing party ("Customer") and Pairtree Intelligence PTY LTD and its successor and assigns ("PPL") located, 23 Isaac Drive,, ORANGE, NSW, 2800.
PPL IS WILLING TO LICENSE THE ENCLOSED SOFTWARE AND DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. BY ACCEPTING THIS AGREEMENT, OR BY MAKING PRODUCTIVE USE OF THE ENCLOSED SOFTWARE, OR BY REGISTERING THE SOFTWARE WITH PPL, OR BY SIGNING THIS PRINTED AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PPL IS UNWILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU, AND YOU SHOULD PROMPTLY RETURN THE DATA PACKAGE(S), OPENED OR UNOPENED, AND ALL THE ACCOMPANYING ITEMS (RETAINING NO COPIES) TO PPL.
1. License. PPL grants you the non-exclusive and non-transferable right to use the PPL Software (consisting of the accompanying software programs in object code, binary dictionary form, screen outputs/images and documentation, hereafter referred to as "SOFTWARE") for business purposes only, and not for personal use, subject to all terms and conditions herein. This license allows for the use of the software and accompanying documentation at the customer site, defined as use by persons present at the physical location. A separate license or authorisation is required to use the SOFTWARE at any other site, including use by radio wave or teleprocessing access of persons located at other sites.
PPL retains ownership of the SOFTWARE and any accompanying documentation and all rights not specifically given to you in this license.
2. License Fee. There is a fee for the use of the SOFTWARE, CUSTOMERS are to refer to the Pricing Tab for the SOFTWARE that you plan to use.
3. Copying. You may not copy any parts of the SOFTWARE.
You may not sublicense, assign or transfer (including transfer by rental) the SOFTWARE or the right to use it, and any attempt to do so will void this agreement.
4. Warranty. PPL warrants that upon delivery, the program will substantially conform to the documentation for it, provided it is properly used on the computer hardware and with the operating system for which it was designed. PPL also warrants that the program will process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and beyond the twentieth and twenty-first century, and the years 1999 and 2000 and leap year calculations as described in the PPL Year 2000 Compliance Documentation, to the extent that other hardware and software, used in combination with the program, properly and compatibly exchange accurate date/time data with it.
5. Disclaimer. PPL DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND REGARDING THE PROGRAM AND DOCUMENTATION, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. Any statements made by a dealer or any other partner other than PPL are not warranties and you cannot rely on them in deciding to license the SOFTWARE.
6. Limitation of Liability. (a)Neither PPL nor anyone else who has been involved in the creation, production, or delivery of this program shall be liable for any indirect, incidental, special or consequential damages, including but not limited to any loss of anticipated profit or benefits, resulting from the use of the program or documentation or arising out of any breach of warranty.
(b) Limitation of Responsibility and Liability for SOFTWARE integrations. Neither PPL nor anyone else who has been involved in the creation, production, or delivery of any program covered by this license agreement and its addendums shall be liable for any changes made to other software programs with which this SOFTWARE is intended to integrate, which would negate the functionality of that integration or PPL’S products.
7. Updates. PPL may from time to time make available to its customers updates to the SOFTWARE. Nothing herein shall be deemed to create any duty or obligation of PPL to update the SOFTWARE at any time or for any purpose.
8. Termination. You may terminate this agreement by returning all your copies of the SOFTWARE and documentation to PPL. This license terminates automatically and without notice to you if you fail to comply with any provisions of this license agreement. You agree to return all copies of the program and documentation to PPL upon any termination.
9. Ownership of Software. You acknowledge and agree that PPL owns all right, title and interest, including all worldwide copyrights, trade secrets and confidential proprietary information rights in the SOFTWARE and accompanying documentation.
10. Complete Agreement. You acknowledge that you have read this license agreement and agree to its terms, and that it is the complete and exclusive agreement between you and PPL regarding the SOFTWARE. You agree that if any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement will continue in full force and effect. This agreement is governed by the laws of the State of New South Wales, Australia, applicable to contracts made and performed therein. The parties submit to the exclusive jurisdiction and exclusive venue for any suit or legal proceeding of any kind relating to this agreement or the subject matter hereof in the courts of NSW, Australia.
Website terms & conditions
All material on the website is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.
Material from the www.pairtree.co website and any other World Wide Web website owned, operated, licensed, or controlled by Pairtree Intelligence or any of its related, affiliated, or subsidiary companies (together, "PPL or Pairtree Intelligence") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Pairtree Intelligence. Modification or use of the materials for any other purpose violates Pairtree Intelligence intellectual property rights. The material in this website is provided for lawful purposes only. If you download software from our website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Pairtree Intelligence. Neither title nor intellectual property rights are transferred to you, but remain with Pairtree Intelligence, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
The information contained in this website is intended for use by persons resident in Australia. Any promotion, competition, product or service identified or contained in this website is subject to the applicable terms and conditions, which are available for download at the relevant page of this and associated websites promoting the applicable promotion, competition, product or service, or alternatively such terms and conditions are available upon request from Pairtree Intelligence Pty Ltd via the "contact us" link.
Your use of the PPL Software is at your risk. Pairtree Intelligence (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law, Pairtree Intelligence (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content of the PPL Software. Neither Pairtree Intelligence (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the PPL Software is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the PPL Software whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Pairtree Intelligence has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of the software or as required by law, everything within the PPL Software and all other Pairtree Intelligence products are provided to you "AS IS" and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Pairtree Intelligence DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pairtree Intelligence DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Pairtree Intelligence) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Statutory warranties that are implied under Part V Division 2 Trade Practices Act 1974 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use.
To the fullest extent permitted by law, Pairtree Intelligence liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Pairtree Intelligence’s option, in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. See Refund Policy.
Features and information of third party suppliers, third party products and/or services described or depicted on the website or within PPL Software, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.
Pairtree Intelligence assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of PPL Software or your downloading of any materials, data, text, images, video, or audio from the Pairtree Intelligence website. Pairtree Intelligence also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the Pairtree Intelligence website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.
Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Pairtree Intelligence. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Except as described otherwise, all materials in the Pairtree Intelligence website are made available only to provide information about Pairtree Intelligence. Pairtree Intelligence controls and operates this website from Orange, New South Wales, Australia and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws.
Pairtree Intelligence will fully cooperate with any law enforcement authorities or court order requesting or directing Pairtree Intelligence to disclose the identity of anyone posting such materials. In addition, you will not:
a. Restrict or inhibit any other user from using or enjoying the website;
b. Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or
c. Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.
Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Pairtree Intelligence and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service.
Pairtree Intelligence is not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk. While Pairtree Intelligence may provide links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, Pairtree Intelligence disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Although Pairtree Intelligence may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Pairtree Intelligence is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Pairtree Intelligence from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Pairtree Intelligence arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms and Conditions.
Pairtree Intelligence or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Pairtree Intelligence sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Pairtree Intelligence may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New South Wales, Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.
Pairtree Intelligence may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms & Conditions link.
Pairtree Intelligence products and services are available in many parts of the world. However, the Pairtree Intelligence website may describe products and services that are not available worldwide. Pairtree Intelligence reserves the right to change any price, product, service or new item without notice. All promotional items are subject to availability.
Personal information means information which identifies you as an individual or which renders you reasonably identifiable. Your first and last name, date of birth, gender, home address, contact telephone number, mobile telephone number, email address and employment details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.
Kinds of personal information that Pairtree Intelligence collects and holds
Personal information that may be requested includes:
a. contact information such as your first and last name, date of birth, contact telephone number, current and valid email address and home address;
b. information regarding your interests, experience with our services and more detailed contact preferences. This information is requested in order to tailor our subsequent communications to you and continuously improve our products and services;
Personal information may be collected via our Collection Channels when you:
a. purchase a product or download an App from Website or Mobile Application;
b. participate in any offers, marketing activities and/or promotional activities;
c. contact us directly via any medium including SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email (“Electronic Messages”), social media platforms, mail and telephone;
d. interact with a Website or Mobile Application for a specific purpose;
e. browse a Website or Mobile Application generally; and
f. sign-up to, or register an account via, any Collection Channel.
As you navigate through our Websites and access our Mobile Applications, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website or Mobile Application is accessed via links in an Electronic Message we have sent or where we are able to uniquely identify the device or user accessing a Website or Mobile Application.
We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other personal information collected from you from time to time via our Collection Channels, in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website or Mobile Application via links in an email we have sent and/or by accessing a Website or Mobile Application where you have identified yourself, you consent to the collection of such information where it is personal information.
Personal information collected will be used for the following primary purposes:
b. For the purposes stated in a privacy collection statement on a particular Collection Channel.
c. To maintain and improve the functionality of a Website or Mobile Application to provide better service to Website or Mobile Application visitors and users, including the compilation and analysis of statistics and trends, the provision of information to you relating to the content available on that Website or Mobile Application and any e-commerce transactions conducted via that Website or Mobile Application.
d. To fulfil obligations in respect of any sale and purchase contract and/or any other contract between you and Pairtree Intelligence.
e. To send you any technical, administrative or legal notices important to our Websites and Mobile Applications.
f. To provide you with information about your transactions (including uploading of, access to, and receipt of, content on a Website or Mobile Application and purchase transactions undertaken on a Website or Mobile Application), content, services and products.
g. To provide marketing materials, events, special offers, competitions and promotions via any medium including mail, telephone and Electronic Messages or any other form of electronic, emerging, digital or conventional communications channel.
h. To maintain our relationship with you.
i. To respond to customer enquiries.
j. To obtain opinions or comments about products and/or services and to conduct other market research and development (including to record statistical data for marketing analysis).
Failure to provide personal information may result in Pairtree Intelligence being unable to provide you with certain content, upcoming promotion, event or product information and/or accept promotion entries (where applicable).
Other trusted third parties may be engaged by Pairtree Intelligence to perform a variety of functions, such as fulfilling orders, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our Websites and Mobile Applications. These companies may have access to personal information if needed to perform such functions. However, these companies may only use such personal information for the purpose of performing that function and may not use it for any other purpose.
Pairtree Intelligence and other trusted third parties (and their directors, servants and agents), either in Australia or overseas, may contact you via Electronic Messages, telephone, post or any other form of electronic, digital or conventional communications channel using the personal information provided, in respect of the primary purposes for collection of personal information as stated above.
Despite removing your name from the database from receiving future advertising and marketing information, Pairtree Intelligence may send you non-commercial, administrative Electronic Messages which relate to an existing user account. Non-commercial, administrative Electronic Messages may include administrative and transaction confirmations, requests and inquiries or information about a particular Pairtree Intelligence user account.
Pairtree Intelligence may provide areas on a Website or Mobile Application where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be publicly posted on a Pairtree Intelligence Website or Mobile Application and/or shared with others, including without limitation, on social media platforms and other public forums in which you choose to participate. This information may become publicly available and may be read, collected and used by others outside of a Pairtree Intelligence Website or Mobile Application. Pairtree Intelligence is not responsible for the conduct of others who may read, collect and use this information.
Pairtree Intelligence is very sensitive to privacy issues. Personal information will not be collected by any person who is known by Pairtree Intelligence to be under the age of eighteen (18) without the consent of a parent or legal guardian.
We urge parents to regularly monitor and supervise their children's on-line activities.
Pairtree Intelligence will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information complete, accurate and up to date. The information is stored on secure servers that are protected in controlled facilities.
In some cases, Pairtree Intelligence may disclose your personal information to overseas recipients, including but not limited to recipients in the United States of America, UK and New Zealand. Pairtree Intelligence employees and data processors are obliged to respect the confidentiality of any personal information held by Pairtree Intelligence. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Pairtree Intelligence will not be held responsible for events arising from unauthorised access to personal information.
You are in control of any personal information you provide to us. If at any time, you would like to access, review, correct and/or delete the personal information we have about you, or if you would like to change your preferences for contacts from us, you can let us know via the contact details listed below or updating your profile once logged in. Please allow 30 days for this request to be processed.
Your personal information may be stored in different locations depending upon the reason for which you originally submitted the information. The more information you can provide us about when you originally submitted your personal information, the quicker Pairtree Intelligence will be able to retrieve your personal information.
If requested, all reasonable steps to delete personal information will be made, except where it is required for legal reasons. Deletion of information may result in Pairtree Intelligence being unable to facilitate or provide you with information about certain transactions (including the uploading of, access to, and receipt of, content on a Website or Mobile Application, and purchase transactions undertaken on a Website or Mobile Application), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, products or services.
Our Websites or Mobile Applications may, from time to time, offer links to sites that are not operated by Pairtree Intelligence which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices. If you visit one of these linked websites, you should review their privacy and other policies. We are not responsible, nor do we accept any liability, for the policies, practices and conduct of other companies linked to any Pairtree Intelligence Website or Mobile Application.
We may use third party advertisements on our Websites and Mobile Applications. All third party advertising, if paid for, is paid for by the relevant third party advertisers. Third party advertisements are not recommendations or endorsements by Pairtree Intelligence or any of its affiliates. To the extent permitted by law, Pairtree Intelligence is not responsible for the content (including representations) of any third party advertisement on a Website or Mobile Application. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign.
Returns are subject to Pairtree Intelligence’s Terms and Conditions. Pairtree Intelligence Pty Ltd commits to providing the described services, within the clause ‘Data packages’. If all described services are provided after Data packages are purchased, then ‘No refunds’ will be returned. If Data package services are not provided in full, then you have 14 calendar days from the time you receive your package to initiate a refund. Pairtree Intelligence reserves all rights and its decision will be absolute and final on either a refund of the cost of the Data package or recovery of the required data sets within the Data package.
All Refund claims must be made in writing to firstname.lastname@example.org Once you have submitted your refund request, you will receive an email confirmation with your return details. Once there is confirmation of an incomplete Data package, Pairtree Intelligence will process the refund request by either, issuing a refund and sending you a return receipt confirmation email or recovering the agreed service of the data package and completing the data transfer.
Applications that are setup with a monthly recurring billing cycle, can be cancelled at anytime and the final bill will be made for usage charges at the end of the month following cancellation.
Data sets and information held within your Account will be held available for access for 30 days, but Pairtree Intelligence Pty Ltd will not be held responsible for any loss of data or information after 30 days from cancellation date.
Credit card refunds will be sent to the card-issuing bank within five (5) business days of receipt of confirmation of incomplete data set. Please contact the card-issuing bank with questions about when the credit will be posted to your account.
Software Delivery Policy
When you purchase software that is supplied as an instant download link the email containing the link will be sent out immediately. Please ensure that your email address is entered correctly when signing up to Pairtree Intelligence Pty Ltd, Software applications. Your email address is used for all email correspondence and profile logins.
We don't provide download insurance, nor do we provide the software on CD. Please safeguard your login details and Password to allow continual access to your online profile. If you have misplaced your Password, to reset please visit: https://my.pairtree.co/user/password/send-reset-email
Some SOFTWARE applications from Pairtree Intelligence Pty Ltd, will always be responded to as soon as possible. Sometimes this can be within a couple of minutes (even at weekends!). Please bear in mind that occasionally payment notification emails can get delayed, either within our eCommerce providers but also within our or your own email systems.
If time lapses beyond normal expectations, please send a follow up email to: email@example.com
Please ensure that emails from @pairtree.co and @appticon.com.au are not blocked.
Pairtree Intelligence Pty Ltd
Pairtree Intelligence Privacy Officer
23 Isaac Drive
ORANGE, NSW 2800
Telephone: 0429 677 206
Email : firstname.lastname@example.org
Please allow 14 days for this request to be processed. If you do not receive a satisfactory response from Pairtree Intelligence to your query, problem or complaint within fourteen (14) days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.