You must provide accurate information when your GPEx account is created and whenever you use it.
You are responsible for safeguarding the password and for all activities that occur under your account. You should notify GPEx immediately if you become aware of any breach of security or unauthorised use of your account.
You may never use another user’s account. You are responsible for all acts undertaken on your account as if they were performed by you.
You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
Your Use of GPEx Products and Services
As part of the Service, we provide web based and mobile software (the “Software”) for your use in connection with the Service. The Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as you comply with these Terms, we grant you limited, non-exclusive, non-transferable, revocable access to use the Software, solely to access the Service provided; however, that this does not constitute a sale of the Software or any copy thereof, and as between GPEx and You, GPEx retains all right, title and interest in the Software.
Your use of the Service, including the GPEx website, should always be conducted in a responsible manner and not in a way which may cause damage to the Service or to other users. GPEx will suspend access for any user using the Service in an unlawful, fraudulent or harmful manner and report them to the appropriate authorities. GPEx reserves the right to pursue a civil action against any user.
Your Use of Third Party Applications
We will use industry standard technical and organisational security measures in connection with storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorised or unlawful access to, use of or processing of such Content.
You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability. This may include disabling your account log in and password, blocking access to the Service and commencing legal proceedings where necessary.
GPEx Intellectual Property Rights
The Service (excluding Content provided by users) constitutes GPEx’s intellectual property and will remain the exclusive property of GPEx. GPEx also retains its rights to all copyright and trademarks in the material on the website including all images, content and logos.
Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Modifications to the Service
The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your feedback should be submitted at email@example.com.
You agree to defend, indemnify and hold harmless GPEx and its license and licensors, and their employees, members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent. GPEx accepts no liability in relation to programming viruses or faults which may damage your device or hinder access to the Service.
The Service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GPEx is not responsible for any third party content that you download or otherwise obtain through the use of the service or for any damage or loss of data that may result. We do not warrant, endorse, guarantee or assume responsibility for any third party application or service that provides access to our service. The Service is controlled, operated and hosted from within Australia. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable laws and regulations, including but not limited to those of Australia and South Australia
Limitation of Liability
To the maximum extent permitted by law, in no event shall GPEx, its affiliates, agents, members, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the Service, whether or not GPEx has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. GPEx’s aggregate liability for all claims related to the Service shall not exceed the greater of $100 or the amounts paid by you to GPEx in connection with your use of the service during the twelve (12) month period prior to the claim giving rise to such liability.
These Terms will be governed by the laws of South Australia and the Commonwealth of Australia, without regard to its conflict of laws principles.
Entire Agreement; Severability; Waiver
These Terms constitute the entire agreement between you and GPEx concerning the Service. They replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. GPEx’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email or other communication channels including our website, which is located at the URL www.gpex.com.au.