These Terms of Use (“Terms”) govern your access to and use of the various software services (the “Services”) delivered by Wrkplace Digital Pty Ltd (ACN 644 938 554) (“We”, “Wrkplace”), and any information, text or other materials uploaded, downloaded, recorded or appearing on the Services (collectively referred to as “Content”).
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
Where our Services are delivered to you via Prism, your access to and use of the Services is conditioned on your acceptance of and compliance with Prism Pay Ltd’s Terms and Conditions located HERE.
If you create an account and use our Services, this implies you agree to our general terms of use and also of Prism Pay Ltd’s Terms and Conditions.
Your Responsibilities
You are responsible for your use of the Services, for any Content you post to the Services and any Content stored or recorded via the Services, and for any consequences thereof.
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
You must become a subscriber (“Subscriber”) and you may be asked to pay a monthly subscription fee to be granted access to the Services. Any fees are due as agreed between you and us.
The information provided by you upon subscription to our Services, together with any information you are required to input into any items of Content, must be true, accurate, current and complete. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to our Services (or any portion thereof). Under no circumstances will we be held liable for any inaccurate or incomplete information you provide, or fail to provide, as part of your subscription to the Services, or as part of your responsibility to populate certain items of Content.
To become a Subscriber, you are required to agree to Prism’s Terms of Use and provide your email address and select a password (in either event, your “Account Credentials”), which you may not transfer to or share with any third parties. If someone accesses our Services using your Account Credentials, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the Services.
You are solely responsible for any and all use of your Account Credentials and all activities that occur under or in connection with your Account Credentials. We do not share your Account Credentials in order to protect the privacy of your information and ensure that only persons you have authorised may have access to your information.
We reserve the right to provide your Account Credentials to comply with any legal or enforcement proceeding. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your Account Credentials, including without limitation terminating your access, changing your password, or requesting additional information to authorise activities related to your Account Credentials.
You agree to be responsible for any act or omission of any users that access the Services under your Account Credentials that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Wrkplace be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Wrkplace under this provision, (ii) any compromise of the confidentiality of your Account Credentials, and (iii) any unauthorised access to or use of your Account Credentials. Please notify us immediately if you become aware that your Account Credentials are being used without authorisation.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or recorded by the Services. To the extent permitted by law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, any additions or inclusions you make when populating certain items of Content, or any loss or damage of any kind incurred as a result of the use of any Content recorded, posted, emailed, transmitted or otherwise made available via the Services or recorded by the Services or broadcast elsewhere.
You access the Services at your own risk. We may, but are not obligated to, remove Content for any reason, including if we determine or suspect that such Content violates these Terms of Use.
General Rules of Conduct
It is our goal to make access to our Services a good experience for all of our users. With that in mind we provide you our rules to follow when using the Services. We are not responsible for user actions or policing user activity. The following activities are prohibited. Accordingly you agree that you will not:
Conduct or promote any illegal activities while using the Services;
Use the Services to generate unsolicited email advertisements, promotions or spam, or share or sell or distribute in anyway, Content recorded and stored by the Services;
Use the Services to stalk, harass or harm another individual;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Upload, distribute or print anything that may be harmful to minors;
Attempt to reverse engineer or jeopardise the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
Attempt to gain access to secured portions of the Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Take any action that may undermine any software feedback or ratings systems;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
Use the Service including any Content, in breach of any legislation or regulation at all, to include, without limitation, relevant legislation and regulation concerning and governing gaming and the horse racing and horse training industries; or
Use the Service as a means to facilitate a gambling or other betting transaction or service either as a Wagering Operator or otherwise.
Our Technology and Intellectual Property
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Our Technology”) are:
(i) copyrighted by us and/or our licensors under Australian and international copyright laws;
(ii) subject to other intellectual property and proprietary rights and laws; and
(iii) owned by us.
Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission.
You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.
Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use.
Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
Certain names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Wrkplace or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.