Website and Application Terms of Use
Date of last update: 3 June 2024
Introduction
- These terms of use (“Terms”) govern your access and use of this website and applications which are operated by Attiq Enterprises Pty Ltd ABN 30 158 640 852 (“we”, “us”, or “our”).
- By accessing and using this website or purchasing/installing the Instructor Organisers Apps (“IOApps”) (including the Instructor Organiser Trainer App (“IOTrainer”) and the Instructor Organiser Service App (“IOService”), you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use this website or the IOApps.
- We reserve our right to change these Terms at any time, without notice to you. When we change these Terms, we will also update the “Date of last update” at the top of these Terms. You should check this page occasionally to ensure you are familiar with any changes.
Intellectual property rights
- All intellectual property rights (including copyright and trademarks) in the content and design of this website and IOApps are owned by us, except that intellectual property owned by FileMaker Inc. and Apple Inc., which facilitate the IOApps.
- Certain parts of the Website and/or the IOApps may be distributed and copied for their intended purpose. All other use, copying or reproduction is prohibited without our prior written approval.
Links
- This website or the IOApps may provide links to other websites. This is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.
Application Services
- Initially for everyone who downloads the IOApp may be installed with a demo version. Upon, purchase of the IOApp, an access code will be provided to allow you to unlock the application to its full version. This code will be emailed to your nominated email address as soon as possible (up to 24 hours from purchase). It is your responsibility to ensure you provide the correct contact details.
- Prices for the IOApps are listed on the website. We reserve the right to change our pricing structure at any time without prior notice to you.
- Payment for the IOApps will be facilitated by way of PayPal. Your use of PayPal is subject to their terms and conditions and privacy policy. We will not be held responsible for any losses or damages that arise as a result of your use of PayPal in association with the IOApps.
- Except to the extent required by law, refunds for the IOApp are not possible.
- If required, and in our sole discretion, a new access code will be provided to you at no extra cost. However, from time to time we may opt to refuse your request for a new code where we suspect abuse or fraud. If this is the case, we will contact you directly to discuss next steps.
- We may provide you with support to install and use the applications. We reserve the right to charge for these support services.
- We may change and alter the Services and Content provided in the IOApps from time to time without notice to you. Any updates provided may incur additional fees at our sole discretion.
Liability
- We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of this website or the IOApps or their contents.
- Our total liability to you for any claims arising out of or in connection with your use of this website or the IOApps or their contents under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant services or the payment of the cost of same.
Disclaimer
- If you choose to use the website or the IOApps, you do so at your own sole risk. The website and the IOApps are provided on an ‘as is’ basis.
- We make no representation that anything offered through the website or the IOApps is available for use in other locations, or that it complies with laws and regulations of other locations.
- We make no warranty that the website or the IOApps will meet your requirements or be available on an uninterrupted, secure or error-free basis.
- We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the website or the IOApps, or that this website or the IOApps are free of viruses or other harmful components.
- The IOApps have been tested in Filemanager Go Version 18, 19 and 2023. Please see https://www.claris.com/filemaker/ for iOS compatibility of FM Go Versions and iOS versions.
Indemnity
- To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this website or the IOApps.
Privacy policy
- We are committed to protecting your personal information and will do so in accordance with the applicable laws and regulations.
Severability
- If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.
Waiver
- Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
Termination
- We may cease to provide the website and/or the IOApps at any time without prior notice to you.
- These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.
- Any rights or obligations that have accrued up to and including the date of termination will survive.
Governing law and jurisdiction
- These Terms, and all related matters, shall be governed and interpreted by the laws of Western Australia.
- Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of Western Australia.
Contact us
- If you have any questions about these Terms, please contact us by emailing sales@instructorsdrivingapp.com .