Welcome to ISO+™! These Terms of Service (the “Terms”) and our Privacy Policy create a legal agreement between you and ISO Consulting Services and explain the rules governing the use of the ISO+™ website and services, so please make sure to read them carefully.
By using IO+, you are agreeing to these Terms. If you do not agree to these Terms, do not use ISO+™. If you are using ISO+™ on behalf of an organisation, such as your employer, you are agreeing to these Terms on behalf of that organisation and represent and warrant that you have the authority to agree to these terms on the organisation’s behalf. In that case, “you” and “your” will refer to that organisation.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you, for example, via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use ISO+™ after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using ISO+™.
Your ISO+™ Account
To use ISO+™, you’ll need to create an account, either via ISO+™ or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your ISO+™ account.
You are responsible for safeguarding your ISO+™ login credentials. You are responsible for activity on your account, whether or not you authorised that activity. You should immediately notify us of any unauthorised use of your account.
Your Content
By using ISO+™, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content – what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your Use of ISO+™
ISO+™ is owned by IISO Consulting Services Pty Ltd and its licensors and is protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use ISO+™ as permitted by law, including all applicable commonwealth, state, local or international laws and regulations. Do not, for example:
- Use any engine, software, tool, agent, device, mechanism, or the like to access, search, or download intellectual property from ISO+™ or use ISO+™ in any way other than through our publicly supported interfaces;
- Access, tamper with, or use non-public areas of ISO+™, ISO+™’s computer systems, or the technical delivery systems of ISO+™’s providers;
- Probe, scan, or test the vulnerability of any ISO+™ system or network or breach any security or authentication measures;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide ISO+™;
- Plant malware or use ISO+™ to distribute malware;
- Violate the privacy of others;
- Violate any applicable law or regulation;
- Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
- Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others’ rights;
- Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing ISO+™, or introducing any other material or content that is malicious or technologically harmful;
- Attack ISO+™ via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of ISO+™;
- Attempt any of the above, or encourage or enable any other individual to do any of the above.
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Confidentiality
Confidential Information. From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information (“Confidential Information”). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.
Copyright Infringement
We respect the intellectual property rights of others and expect you to do the same.
It is our policy to terminate the ISO+™ account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Copyright Act 1968 (Cth), The Copyright Amendment (Digital Agenda) Act 2000, and The Copyright Amendment (Online Infringement) Act 2015, ISO+™ will respond expeditiously to claims of copyright infringement committed using ISO+™ as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact us at [email protected].
Termination
We may terminate or modify your access to and use of ISO+™, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms or if you use ISO+™ in any way that would cause us legal liability or disrupt others’ use of ISO+™.
Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your use of ISO+™, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.
Publicity
Unless otherwise specified, we may use Customer’s name, logo and marks (including marks on Customer Properties) to our Customer as an ISO+™ customer on our website and other marketing materials.
Warranty Disclaimers
ISO+™ IS PROVIDED “AS-IS” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ISO Consulting Services Pty Ltd will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of ISO+™.
Indemnity
You will hold harmless and indemnify ISO Consulting Services and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of ISO+™ or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ISO Consulting Services Pty Ltd, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ISO Consulting Services Pty Ltd, HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ISO+™ MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO ISO Consulting Services Pty Ltd, FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Terms of Paid Subscriptions
If you purchase a subscription to the Services, the following terms of subscription will apply to you:
Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment cards (collectively, “Credit Card”), you hereby authorise ISO Consulting Services Pty Ltd (or its designee) to automatically charge your Credit Card. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to ISO Consulting Services Pty Ltd. Each net new user beyond the scope of the initial agreement, as applicable, will incur an additional charge and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). ISO Consulting Services Pty Ltd may terminate your subscription if you fail to pay any outstanding fees promptly.
Taxes and Fees. You are responsible for all sales, use, GST, value-added or other taxes of any kind other than taxes based on ISO Consulting Services’ net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
Reselling. Reselling is prohibited. You are not authorised to resell the software or transfer it to a third party.
General Terms
These Terms and any action related thereto will be governed by the laws of the State of Victoria without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the Victorian state and federal courts, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and ISO Consulting Services Pty Ltd and supersede and replace any other agreements, terms and conditions. These Terms create no third-party beneficiary rights. ISO Consulting Services’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect, and an enforceable term will be substituted, reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. IISO Consulting Services Pty Ltd may freely assign or transfer these Terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms, please contact us at [email protected].
