Updated October 2022
1. Licence: Subject to the terms of this Licence, eBottli grants you a revocable, non-exclusive, royalty free and non-transferable licence (without the right to sub-licence) to use the Software for your own personal use (in executable code) as modified or updated from time to time by any patches or maintenance releases.
2. Subscription: You acknowledge and agree that you will only be entitled to use the Software in accordance with the type of subscription to the Software offered to you by eBottli (Subscription), including any functional restrictions or privilege limitations (or both) imposed on that Subscription and as reasonably notified by eBottli to you from time to time. The type of subscription available to you may be restricted depending on variables such as your participation in your identified industry sector. Full details about your Subscription are available on eBottli platform and will also be contained in the welcome pack sent to you on registration of your Subscription.
3. Trial: You may be offered a trial licence to use the Software (Trial). If this Licence is a Trial licence, you may have accessed the Software by selecting the Trial option when choosing your subscription type prior to registering to use the Software.
4. Additional Trial Licence terms: If this is a Trial Licence, you acknowledge and agree that eBottli may contact you during and after the Trial for the purposes of you providing feedback on the operation and functionality of the Software.
5. Licence Fee: Fees are payable for some use of the eBottli Platform. In consideration of eBottli granting the licence to you, pursuant to this Licence, you must pay eBottli the fees (Licence Fees) in accordance with your applicable Subscription. Licence Fees are paid via our third party payment provider. By pressing “ACCEPT”, you agree that you will be transferred to a payment gateway with a third party provider to process payment of the Licence Fees.
6. Duration of Licence: Unless your Licence is a Trial, this Licence commences on pressing the ‘ACCEPT’ button, and continues unless terminated in accordance with this Licence. You may terminate your Licence at any time by providing written notice to eBottli, however such termination will be effective on the next anniversary of the date that the Licence commenced. You will be deemed to have terminated your Licence if you fail to pay eBottli the Licence Fee by the due date. If your Licence is a Trial, this Licence commences on pressing the ‘ACCEPT’ button, and continues for the stated Trial period (Trial Licence Term), unless terminated in accordance with this Licence. On expiry of the Trial Licence Term, any Trial Licence will immediately terminate. You will have the option of registering for a standard Licence at this time. In the case of the use of the eBottli Website Platform and/or the eBottli app, your licence commences on your first use of that software.
7. Restrictions: The Software is protected by Australian copyright laws and international treaties. You must not distribute copies of the Software to third parties, without the written consent of eBottli You must not modify, adapt, translate into any language, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. You must comply with all applicable laws regarding use of the Software and supervise and control the use of the Software in accordance with the terms of this Licence.
8. Logins: You must not provide details of your logins or passwords (Login) to any other person. You must not allow any other person to use your Login. eBottli accepts no responsibility and will not be liable in relation to the disclosure or loss of your Login.
9. Further information and support: For further information regarding the Software, you may contact the eBottli help desk via the details set out in www.ebottli.com, during the hours of operation set out on www.ebottli.com. The eBottli help desk will try to assist you with your queries about the operation of the Software and associated products and services. Unless specifically agreed as a term of your service, the eBottli help desk does not provide advice or assistance in relation to computer functionality, operating systems, network services or hardware maintenance.
10. Acknowledgments: You acknowledge and agree that you are solely responsible for obtaining, installing, operating and maintaining all hardware, other equipment and third party software required to use the Software. All computer functionality, operating systems, network services and hardware maintenance are your responsibility. You acknowledge and agree eBottli will not provide any support services to you in respect of the Software, other than the help desk services outlined applicable Subscription details available on www.ebottli.com. You acknowledge and agree eBottli may, from time to time, notify you of minimum hardware, software, and connection standards applicable to the Software.
12. Data: Where your information will not be stored on the eBottli Platform’s blockchain, You acknowledge that you are solely responsible for creating an independent offline backup of any of the input and output data processed by the Software. You acknowledge that upon termination of this Licence for any reason, your input or output data processed by the Software may not be retained by eBottli and may be permanently deleted.
13. Denial of Access: eBottli reserves the right at any time during the term of this Licence to deny you access to the Software where you fail to keep your Login secure, or in eBottli’s reasonable opinion, you have otherwise breached any part of this Licence.
14. Termination and expiry: Without prejudice to any other rights, eBottli may terminate this Agreement immediately by notice to you if you breach this Licence and fail to remedy the breach within 14 days of becoming aware of it. Upon termination or expiry of this Licence, you must immediately cease to use the Software and you will be denied access to the Software. This requirement is without prejudice to any other rights and remedies that eBottli may have in respect of a breach.
15. Intellectual Property Rights: For the purposes of this Licence, the term “Intellectual Property Rights” means all copyright, patents, registered and unregistered design rights, trademarks and service marks, and applications for any of the same, together with all trade secrets, know-how, rights to confidentiality and other intellectual and industrial property rights in all parts of the world. You acknowledge that this Licence does not give you ownership of any Intellectual Property Rights whatsoever in the Software. All Intellectual Property Rights in the Software and all components of it (including, but not limited to, any information, photos, text, or other material transmitted, communicated or otherwise provided by eBottli are owned or licensed by eBottli). eBottli makes no claim to the ownership of information you contribute to the eBottli Platform other that eBottli’s Fair Use Rights outlined above. The Software may display trade marks, logos, service names, trade names of eBottli or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names and trade names appearing in the Software.
16. Confidentiality: You acknowledge that the ideas and expressions contained in the Software and any modifications or particulars of them that may be provided to you by eBottli are confidential (except to the extent that they have entered the public domain other than through a breach of this Licence by you). You undertake not to disclose such confidential information to any person other than is necessary to enable the Software to be used in accordance with and for the purposes of this Licence. You undertake to ensure that such persons maintain that confidentiality. You undertake not to remove, delete or obscure any copyright notices or confidentiality notices on or in the Software.
17. No Warranty: eBottli does not and cannot warrant that the Software operates error-free. You should be particularly aware of the fact that calculation errors may occur when using the Software and may be caused by local environmental conditions or incomplete data. eBottli supplies the Software as a service, and does not and cannot warrant that the Software will operate continuously. eBottli will not be liable in the event that the Software is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication services. eBottli takes no responsibility for errors or failures caused by your environment, network connections, computer systems, software or any acts or omissions of a third party that acts as a service provider or carrier to offer access to the Software to you. eBottli provides the Software ‘as is and with all faults’, and subject to your rights under the Australian Consumer Law and this paragraph 17, disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Software and associated documentation, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. You acknowledge that a failure of any part or the whole of the Software to suit your requirements will not give rise to any right or claim by you against eBottli. Nothing in this Licence excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of eBottli for a breach of a non-excludable guarantee referred to in this paragraph 17 is limited, at the eBottli option, to: (a) in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the costs of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or (b) in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.
18. Limitation of liability: You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in this Licence. Unless this Licence expressly provides otherwise, to the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to the Software are negated and excluded. eBottli gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to the Software (including any data contained in or supplied in relation to it or reports generated or produced by or with the aid of the Software). eBottli will not be liable for any indirect, incidental, consequential loss or damage whatsoever, in each case, arising out of the use of or in ability to use the Software, even if eBottli has been advised of the possibility of such loss or damage. eBottli will not be liable for any inability to access, loss of or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption or the like (whether such loss or damage is direct or indirect). eBottli’s liability to you for any proven loss or damage suffered by you for any other proven loss and damage is limited for an aggregate of all claims to the amounts paid by you to eBottli in relation to this Licence Fees paid by you in the 12 months prior to your then current claim.
19. Indemnity: You will fully indemnify and keep indemnified eBottli and any eBottli employees in respect of all loss, damage, liabilities, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, actions claims, demands and proceedings howsoever arising, whether at common law or statute, in connection with any of the following: (a) any breach of this Licence by you; (b) your use of the Software other than in accordance with this Agreement; and (c) your communications with eBottli. You agree to give full cooperation and provide eBottli with reasonable assistance in conducting the defence of such a claim.
20. General: The law applicable to this Licence and to disputes arising out of this Licence is the law of the State of South Australia (Australia). The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia (Australia), and any courts of appeal from them in respect of all matters arising out of or relating to this Licence, its performance or subject matter. If any paragraph or part thereof of this Licence is found to be void, unenforceable or invalid, then it is severed from this Licence, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this Licence. You may not rely on the words or conduct of eBottli as a waiver of any right unless the waiver is in writing. This Licence represents the entire agreement between you and eBottli concerning the subject matter of this Licence and it supersedes any prior proposal, representation, or understanding between the parties.
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