Website Terms of Use

1. Definitions

1.1 In these Terms:

• (a) Nookal, us, we means the Nookal company described in the Schedule to these Terms.
• (b) Terms or Terms of Service means these Nookal Website Terms of Use.
• (c) User, you means you as an individual or the company or other legal entity on behalf of which you are accessing the the Website and accepting these Terms.
• (d) Website means the Nookal website described in the Schedule to these Terms.

2. Overview

2.1 We offer this Website to you on the condition that you accept these Terms.

2.2 By visiting the Website, you engage in our “Service” and agree to be bound by the following terms (Terms of Service, Terms), including those additional terms and conditions and policies referenced in these Terms. These Terms apply to all users of the Website.

2.3 Please read these Terms of Service carefully before using the Website. If you do not agree to these Terms, then you may not access the Website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

2.4 Any new features added to the Service will also be subject to the Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. If you keep using the Website, then you will be taken to have accepted any changes periodically made to the Terms.

2.5 Please also see our Privacy Policy for information of where your data will be stored and how your personal information will be handled.

3. Nookal Website Terms

3.1 By agreeing to these Terms of Service, you represent that you are at least the age of 18, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website or the Service.

3.2 You may not use our Service for any illegal or unauthorised purpose or to violate any laws in your jurisdiction. You must also not transmit any malicious software via the Service.

3.3 A breach of the Terms may result in termination of the Service.

4. General Conditions

4.1 We reserve the right to refuse a Service to anyone for any reason at any time.

4.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, without express written permission by us.

5. Intellectual Property Notice

5.1 Copyright: All content included on the Website is the property of or licensed by Nookal or its suppliers and protected by Australian and international copyright laws. All software used on our websites is the property of Nookal or its suppliers and protected by Australian and international copyright laws.

5.2 Trade Marks: All graphics, logos, page headers, button icons, scripts, and service names displayed on the Website are exclusively the trade marks or registered trade marks of Nookal in Australia and/or other countries (Nookal Trade Marks). Nookal Trade Marks may not be used in connection with any product or service that is not Nookal’s in any manner. All other trade marks not owned by us that appear on the Websites are the property of their respective owners, who may or may not be affiliated with or sponsored by Nookal.

5.3 Limited Licence: We do not grant you a licence and do not permit you to use any of the Nookal Trade Marks or logos that are displayed on the Websites without written permission. You may view our websites and the contents using your web browser. In visiting our websites, you are able to save an electronic copy of our websites by means of the usual operation of your web browser only.

6. Accuracy, Completeness and Timelines of Information

6.1 We are not responsible if information made available on the Website is not accurate. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on the Website or in any Service is at your own risk.

6.2 The Website or Service may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Website or a Service at any time, but we have no obligation to update any information on the Website or in a Service. You agree that it is your responsibility to monitor changes to our Website and any Service you access.

7. Modifications of the Service and Prices

7.1 We may at any time modify or discontinue the Service without notice to you.

7.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. Your Account and Password

8.1 We may provide you with an account login (including a username and password) to use our Service. You must ensure that your account details are complete and accurate when submitted to us. You must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

8.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential.

8.3 You agree that you are solely and personally responsible for any use of our Service by any person using your username and password. You agree to release and indemnify us in relation to any claims arising out of the unauthorised use of your username or password.

8.4 You agree to notify us immediately by email to support@nookal.com of any unauthorised use of your account or any other breach of security.

9. Integrations

9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

9.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties and without any endorsement. We are not liable for any matter arising from or relating to your use of optional third-party tools.

9.3 Any use by you of optional tools offered through our Service is entirely at your own risk. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

9.4 We may also, in the future, offer new features through our Service . These new features will also be subject to these Terms of Service.

10. Third-Party Links

10.1 Certain content, products and services available via our Service may include materials from third-parties.

10.2 Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining the content of those websites and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

10.3 We are not liable for any harm related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10.4 Our links with third-party websites should not be construed as an endorsement by us of the owners or operators of those linked websites and third parties, or of any information on those linked websites.

10.5 We accept no responsibility for the content of any advertisement appearing on the Website or a Service. The inclusion of any advertisement on the Website or a Service does not constitute a recommendation by us of the advertiser’s products.

10.6 You must not create any hyperlink to the Website or embed any page of this Website on another website without our prior written permission. If you would like to create a hyperlink to the Website, please contact us at support@nookal.com. If you do create a hyperlink to the Website or embed the Website, in another website, you do so at your own risk and you will be responsible for all losses we may suffer as a result of that conduct.

11. User Comments, Feedback and Other Submissions

11.1 If, at our request, you send submissions or without a request from us, creative ideas, suggestions, proposals, plans, or other materials (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to:

• (a) maintain any comments in confidence;
• (b) pay compensation for any comments; or
• (c) respond to any comments.

11.2 We may, but have no obligation to, monitor, edit or remove content that we consider is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violates any party’s intellectual property or these Terms.

11.3 You agree that your comments will not violate any rights of any third-parties. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. Personal Information

12.1 Your submission of personal information through our Service is governed by our Privacy Policy.

13. Errors, Inaccuracies and Omissions

13.1 Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to the Service. We reserve the right to correct any of the above, and to change information at any time without prior notice (including after you have submitted your order or subscribed to our Service).

13.2 We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service has been modified or updated.

14. Prohibited Uses

14.1 In addition to other prohibitions as set out in these Terms of Service, you are prohibited from using our Service or its content:

• (a) for any unlawful purpose;
• (b) to solicit others to perform or participate in any unlawful acts;
• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• (h) to collect or track the personal information of others;
• (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (j) for any obscene or immoral purpose; or
• (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

15. Disclaimer of Warranties and Limitation of Liability

15.1 We do not guarantee your use of our Service will be uninterrupted, timely, secure or error-free. You agree that any issues, which may include errors, interruptions or security limitations, will not be a breach of these Terms of Service. We will not be liable to you should our Service or any products supplied through our Service contain errors, or become unavailable, interrupted, or delayed for any reason.

15.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

15.3 You agree that every now and then we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

15.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk.

15.5 To the maximum extent permitted by law, in no case shall we be liable for any injury, loss, claim, or any damages, arising from your use of the Service or any software procured using the Service.

15.6 To the maximum extent permitted by law, we do not accept responsibility for any loss or damage, caused in connection with your use of our Service or any linked website.

16. General Warnings

16.1 Every now and then, we may offer discounts and promotions in respect of our software. The specific terms and conditions of those discounts and promotions will be located on a specific location on our Service, however, these Terms apply to those discounts and promotions in addition to any specific terms and conditions. In the event of conflict between any term of those specific terms and conditions and these Terms, these Terms shall prevail. The provision of any such offers may be removed from our Service at any time in our complete discretion.

16.2 You must ensure that your access to our Service is not illegal, unlawful or prohibited by laws which apply to you. You agree not to engage in any conduct that may impair or cause damage to the operation of our Service.

16.3 You must take your own precautions to ensure that the process which you employ for accessing our Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.

16.4 Our Service has been prepared in accordance with Australian law and may not satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you live and if the details do not satisfy the laws of your jurisdiction, you may not purchase or use any products from our Service.

17. Indemnification

17.1 You agree to indemnify Nookal, including for example, our subsidiaries, affiliates, directors and employees, against any claim or demand arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

18. Severability

18.1 If any of these Terms are held to be invalid, unenforceable or illegal for any reason that Term (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining Terms shall nevertheless continue in full force.

19. Termination

19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

19.2 These Terms of Service are effective unless and until terminated by either you or us. We may terminate these Terms of Service at any time by notifying you.

19.3 You may terminate these Terms of Service at any time by:

• (a) notifying us that you no longer wish to use our Services; or
• (b) when you cease using our Service; or
• (c) when you close your account with our Service in the manner prescribed in our Service.

19.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Accordingly we may deny you access to our Services.

20. Termination of Access

20.1 Access to our Service may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in these Terms will nevertheless survive any such termination.

21. Entire Agreement

21.1 The failure of us to exercise or enforce any right under these Terms of Service does not constitute a waiver of our rights.

21.2 These Terms of Service and any policies posted by us on our Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements or communications.

21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21.4 We are not liable for any failure by us to comply with these Terms where such failure is beyond our reasonable control.

21.5 If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

22. Governing Law

22.1 To the extent permitted in your local jurisdiction, these Terms are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these Terms.

23. Changes to Terms of Service

23.1 You can review the most current version of the Terms of Service at any time at this page.

23.2 We reserve the right, at our sole discretion, to update these Terms of Service by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. If you continue to use our Service, following the posting of any changes, you will be deemed to have accepted those changes.

24. How we Handle E-mails

24.1 We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for trouble-shooting or maintenance purposes.

24.2 You consent to receiving communications from us electronically and you agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in accordance with any legislation governing electronic transactions in the jurisdiction in which you live.

24.3 You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you.

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