Terms of Service

1. Background
   1. This web site ("Web site") is owned by Comnicate Pty Ltd of [Level 1 , Suite 10, 210 Toorak Rd., South Yarra, Vic. Australia 3121], Victoria, Australia ("Comnicate").
   2. Comnicate provides an on-demand application for secure communication and collaboration amongst registered users of the service ("Services").
   3. This Web site allows you to provide content, include feeds and data ("Information") and disseminate this Information to other users of the Services.
   4. By using this web site, you agree to abide and be bound by these Terms of Service ("TOS").  Comnicate may amend the TOS at any time by posting an amended TOS on its web site.
2. Terms of Use
   1. The TOS are in addition to any other terms and conditions that apply to the products and services offered by Comnicate.
   2. Comnicate reserves the right to change or discontinue any feature or part of the Web site without prior notice to you.
3. Membership and Fees
   1. Information regarding membership of Comnicate can be obtained at [#web link] and is subject to change.
   2. Comnicate may, at its absolute discretion, provide the Services for free for entities with 4 users or less ("Free Services").
   3. Comnicate may, at any time of its choosing and for any reason whatsoever, terminate or vary the Free Services without any prior notice.
4. Payment
   1. The Customer must pay the fee specified by Comnicate from time to time for any service by the specified time to Comnicate according to the Services subscribed for.
   2. Comnicate may, at its absolute discretion terminate any portion of the Services and refund the Customer the amount paid.
5. Termination
   1. The Customer may terminate the Services by emailing accounts@comnicate.com or by written notice to Comnicate at Level 1, Suite 10, 210 Toorak Road, South Yarra, VIC 3141, Australia.
   2. Comnicate may, at its absolute discretion, refund any subscription fees paid for the duration after the Services has been terminated by the Customer.
   3. Comnicate may terminate the Services at any time and without any cause whatsoever, with or without notice.  Comnicate shall have no liability to the Customer or any third party as a result of the termination, and will refund a proportion of any fee paid in advanced.
   4. Comnicate may, at its absolute discretion, terminate any account which is inactive for 90 days or more.  Comnicate will inform the Customer via email to its registered email address at least 21 days before termination of the account.
6. Disclaimer
1. Comnicate does not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness or timeliness or any other aspect of the Services or that it is suitable for your intended use.
2. Part of the Services or information you receive on this Web site is provided by third parties.  Comnicate has no control over and does not host third party content and third party services.  Comnicate cannot control links to other web sites or other internet resources. By using this Web site, you acknowledge that Comnicate will not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources.
3. Comnicate does not warrant or represent that the Information is free from material or typographical errors or defects.  The use of the Web site and the Information is at your own risk.
4. Comnicate excludes to the maximum extent permitted by law, all warranties, representations, and implied terms and any liability which may arise in relation to access to or use of the Web site, Services and the Information.
5. Comnicate is not liable to you or any third party for any direct, indirect or consequential loss or damage for any use of or reliance upon the Information found on the Web site or on any other linked web site, including, without limitation to, loss of programs or data, even if Comnicate is expressly or impliedly advised of the possibility of such damages.
7. Prohibited Uses

By using the Services, you agree that you will not:

1. violate any law of the jurisdiction you are residing in through or on the Services;
2. post or otherwise cause to be published any unlawful, inflammatory or defamatory entries or comments which may be construed as unacceptable to certain communities;
3. reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services;
8. Intellectual Property
   1. All content, coding, text, images, drawings, graphics and Information available on this Web site is protected by copyright, trade mark or other intellectual property laws.
   2. You may only access and use the Information for its intended purpose unless you have Comnicate's prior written approval otherwise.
   3. Copying, adaptation, transmission or reproduction of the Web site or any part of it, or any of the Information is prohibited except to the extent permitted by the laws of the country you are residing in.
   4. No part of this Web site may be reproduced, modified, or distributed in any form or manner without the prior written permission of Comnicate.
   5. Comnicate respects the intellectual property of others.  If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Web site of the potentially infringing material and a statement of the rights you have asserted over the work.
9. Indemnity
   1. By using the Services, you agree to:-
      1. Indemnify Comnicate from any intellectual property claims by any third party for any infringement of the terms of use or service of their web site and content.
      2. Refrain from publishing or including the feeds of web sites the intellectual property of which is not owned by you and you do not own a license to republish the content therein.
   2. Notwithstanding clause 7.1(b), if any such content has already been published, you agree to expeditiously remove the publication and discontinue the feed upon any notification by the owner of the intellectual property of the content or by Comnicate and indemnify Comnicate from any claims or legal costs arising out of such publication.
10. Jurisdiction
    1. It is your responsibility to ensure that use of the Web site and the Services is in accordance with the laws of the relevant jurisdiction where the material is viewed or received.
    2. Your access to and use of the Web site is governed by and construed in accordance with the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
11. Severability

If any provision of this TOS is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.  This is the entire agreement between the parties relating to the subject matter.