Please read this End-User License Agreement (“Agreement”) carefully. This Agreement is a legally binding agreement between you (either an individual or a single entity) and VInet Solutions NSW Pty Ltd ABN 29 643 308 829 (“VInet”) that governs your use of the Add-ins Collection for Outlook application (“Application”).
If you do not agree to the terms of the EULA, you must not install or use the Software and must promptly remove the Software from your systems.
1. Definitions & Interpretation
1.1 The “Application” means the Training Register Add-in for Outlook (https://www.vinet.com.au/cpd-training-register).
1.2 The Application is offered by VInet Solutions NSW Pty Ltd ABN 29 643 308 829 of Level 2, 755 Hunter Street, Newcastle West, New South Wales, 2302 Australia (“VInet”, “we”, “our”, or “us”).
1.3 When we say “you”, “user”, or “users”, we mean all of customers and consumers that use the Application.
2. Acceptance of Agreement
2.1 The Application is offered and provided subject to your acceptance of the terms and conditions contained in this Agreement and all other policies (including, without limitation, our Privacy Policy https://www.vinet.com.au/privacy-policy) and procedures that may be published from time to time by us related to the Application which shall be incorporated into this Agreement by reference.
2.2 By clicking the “I Agree” button, downloading, or using the Application, you agree to this Agreement. If you do not agree to our Agreement, do not use the Application.
3. Licence
We grant you a revocable, non-exclusive, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.
4. Rights
4.1 Installing the Application
(a) You may install and use one copy of the Application for a single user for the period indicated on https://www.vinet.com.au/cpd-training-register.
(b) The Application cannot be used on systems such as terminal servers or virtual desktop servers for shared usage and should be installed for each licensed user separately.
4.2 Updating the Application
(a) We may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, and other modifications (“Updates”).
(b) Updates may modify or delete certain features and/or functionality of the Application. You agree that we have no obligation to provide or continue to provide you with any Updates or enable any particular features and/or functionality of the Application.
(c) You further agree that all Updates are deemed to constitute an integral part of the Application and are subject to the terms and conditions of this Agreement.
4.3 Customer support service
(a) We may provide a support service for you related to the Application (“Customer Support Service”). The use of Customer Support Service is governed by our policies and programs described in documentation on our website.
(b) Any supplemental Application code provided to you as part of Customer Support Service shall be considered part of the Application and subject to the terms and conditions of this Agreement.
(c) With respect to technical information you provide to us as part of Customer Support Service, we may use such information for our business purposes, including the Application improvements and features development. We will not use such technical information in a form that personally identifies you.
(d) Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to us with respect to the Application shall remain our sole and exclusive property.
(e) We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
(f) We only provide support in respect of your use of the Application. For the avoidance of doubt, this support does not extend to assistance with generic issues and questions relating to Microsoft Office applications.
5. Restrictions
5.1 You agree not to, and you will not permit others to:
(a) Limitations on Reverse Engineering, De-compilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by VInet or by applicable law.
(b) Trade marks: This Agreement does not grant you any rights in connection with any our trade marks.
(c) Sublicense: You may not sublicense the license of the Application. Any attempt to sublicense any of the rights, duties, or obligations under this Agreement is void.
5.2 Vinet authorises the use the Application for the purpose recording and registering the online scheduling of appointments (“Permitted Purpose”). Any other use of these Application beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorised use which may result in the violation of copyright laws, the deletion or suspension of your account. Unless you have written permission from us stating otherwise, you are not authorised to use the Application in any of the following ways (note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):
(a) to create a competing product, resell or broker the Application to any third-party;
(b) in a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any components of the Application;
(c) in a manner that violates any relevant law or the terms of this Agreement, including but not limited to anything that is illegal in the jurisdiction where you are located;
(d) to stalk, harass, spam, or harm another individual, organisation, or business when using the Application;
(e) to interfere with or disrupt the Application or servers or networks connected to the Application;
(f) to use any data mining, robots, or similar data gathering or extraction methods in connection with the Application;
(g) to disseminate any viruses, worms, or otherwise harmful code on to the Application, or be using the Application; or
(h) to attempt to gain unauthorised access to any portion of the Application or any other accounts, computer systems, or networks connected to the Application, whether through hacking, password mining, or any other means.
6. Privacy and Data
6.1 You acknowledge and agree that when using the Application, data may be transmitted over a medium that may be beyond the control of Vinet. VInet assumes no liability for or relating to the delay, failure, interruption, destruction, or corruption of any data or other information transmitted in connection with use of the Application.
6.2 In providing the Application, VInet may collect certain “Personal Information” (as defined in the Privacy Act 1988 (Cth)).
6.3 Each party must comply with the requirements of the Australian Privacy Principles, the Privacy Act 1988 (Cth), any other applicable laws or codes governing Personal Information (together “Privacy Laws”).
6.4 You hereby consent to the collection, storage, disclosure and use of your Personal Information in any manner that may be reasonably contemplated by this Agreement and/or as stated in VInet’s Privacy Policy.
6.5 For further information regarding privacy, please review VInet’s Privacy Policy.
6.6 You must not disclose any types of information classified as “Sensitive Information” (as defined in the Privacy Act 1988 (Cth)), including (without limitation) medical or health insurance information, genetic or biometric information, or information regarding race, national origin, religion, political affiliations, trade unions, criminal records, or sexual orientation.
7. Copyright and intellectual property
7.1 All title and copyrights in and to the Application (including but not limited to any images, demos, source code, intermediate files, packages, photographs, distributables, animations, video, audio, music, or text incorporated into the Application, the accompanying printed materials, and any copies of the Application) are owned by us. The Application is protected by copyright laws and international treaty provisions.
7.2 The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, our sole and exclusive property.
8. Term and termination
8.1 This Agreement shall remain in effect until terminated by you or us.
8.2 We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
8.3 This Agreement will terminate immediately, without prior notice from us, if you fail to comply with any provision(s) of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
8.4 Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
8.5 Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
9. Warranty Disclaimer
9.1 To the maximum extent permitted by law, the Application is provided “AS IS”, “WITH ALL FAULTS,” and “AS AVAILABLE” and VInet hereby disclaims all warranties, whether express, implied, statutory, or otherwise. VInet specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, and all warranties arising from course of dealing, usage, or trade practice.
9.2 To the maximum extent permitted by law, VInet makes no warranty of any kind that the Application will meet your requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, or other services, or be secure, accurate, complete, free of harmful code, or error free.
9.3 Nothing in the Agreement excludes, restricts or modifies any terms, conditions, warranties or liabilities which are imposed or implied by any statute, including but not limited to the Competition and Consumer Act 2010 (Cth), and which by statute cannot be excluded, restricted or modified. Limitations and exclusions in this Agreement are made only to the maximum extent permitted by law.
10. Limitation of liability
10.1 To the maximum extent permitted by law, in no event will VInet be liable under or in connection with this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), and otherwise, for any:
(a) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages;
(b) increased costs, diminution in value or lost business, production, revenues, or profits;
(c) loss of goodwill or reputation;
(d) use, inability to use, loss, interruption, delay, or recovery of any data, or breach of data or system security; or
(e) cost of replacement goods or services, in each case regardless of whether VInet was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.
10.2 In no event will VInet’s aggregate liability or VInet’s indemnification obligations arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), or otherwise exceed the greater of:
(a) the amount paid, if any, by you to VInet in connection with these terms in the twelve (12) months prior to the action giving rise to liability or
(b) AU$100.00.
11. Indemnity
11.1 You agree to indemnify and hold harmless us, our employees, and our contractors from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including, without limitation, reasonable attorneys’ fees, in connection with or because of your violation of this Agreement or any law or regulation.
11.2 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available remedies. You agree not to resolve any matter without our prior written consent. We will use reasonable efforts to notify you of any such request, action, or proceeding as soon as we become aware of it.
12. Links to other websites
12.1 The Application may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites.
12.2 The inclusion of links within our Application does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites.
12.3 VInet has no control over the legal documents and privacy practices of third-party websites, and by using them, you may be giving those third parties permission to use or control your information in ways VInet would not. As such, you access any third-party websites at your own risk.
13. Force Majeure
13.1 For the purposes of this clause, “Force Majeure Event” is an act of war, revolution or terrorism; an act of God; pandemic or epidemic (not including COVID-19) or any other incident beyond the control of a party – in each case which could not have been prevented or foreseen through the exercise of reasonable skill and care.
13.2 If a Force Majeure Event occurs and prevents a party (“Affected Party”) performing its obligations, under this Agreement, that party must promptly notify the other party of the event, the time it started and likely duration, the extent that its obligations are affected and the measures proposed to remedy or mitigate its consequences.
13.3 The Affected Party’s obligations are then suspected solely to the extent it is prevented from performing them by the Force Majeure Event. The Affected Party must:
(a) promptly take all necessary steps to remedy or mitigate the Force Majeure Event’s effects, so as to resume full performance of its obligations as soon as reasonably possible; and
(b) take all action reasonably practicable to mitigate any loss suffered by the other party as a result of its failure to carry out its obligations.
13.4 If the delay or failure exceeds 30 days, the other party may immediately terminate this Agreement on notice to the Affected Party and clause 8.2 will apply.
14. Dispute Resolution
14.1 Any dispute, difference or disagreement under this Agreement (“Dispute”) must be handled under this clause. However, nothing in this clause prevents a party seeking urgent interim or interlocutory relief from a court of law to preserve property or prevent irreparable harm.
14.2 If a party fails to comply with this clause, the other party need not comply with it before commencing proceedings in any court or tribunal of competent jurisdiction. The Parties will continue to perform the Agreement despite any Dispute, provided that either party may exercise any of its rights under this Agreement at any time.
14.3 A party wishing to resolve a Dispute must notify the other party describing the Dispute in sufficient detail for the other party to adequately evaluate it (the “Dispute Notice”). The Parties must attempt to resolve any Dispute by agreement through their respective authorised representatives.
14.4 Those discussions (and documentation tendered in connection with the Dispute) will be solely to resolve the Dispute on a “without prejudice” basis (unless expressly designated otherwise).
15. General Terms
15.1 This Agreement is governed by the laws in force in the State of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts in Sydney, New South Wales, Australia and waives any objection to proceedings in any such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
15.2 No party may assign, novate or create an interest in its rights under this Agreement without the prior written consent of the other party.
15.3 A waiver of any right, power, authority, discretion or remedy must be in writing, signed by the party granting the waiver. A failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy does not result in a waiver of that right, power, authority, discretion or remedy.
15.4 All or part of any provision of this Agreement that is illegal, invalid or unenforceable will be severed from this Agreement and the remaining provisions (and parts of provisions) will continue in force.
16. Changes
16.1 We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. If any changes are made to these Terms, we’ll post them on www.vinet.com.au/eula, so please be sure to check back periodically.
16.2 If you continue to use VInet after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website and/or Service.
