Legal 

VAULT ACCEPTABLE TERMS OF USE

Last modified: 26 April 2017

 

PLEASE READ THIS ACCEPTABLE TERMS OF USE CAREFULLY.


This document sets out the acceptable terms of use of our website, applications, products and services (each a Vault Service) whether we provide it directly to you or use a third party to provide it to you (Acceptable Terms of Use). By using or accessing a Vault Service, you accept these Acceptable Terms of Use. A reference in these Acceptable Terms of Use to ‘Vault’, ‘we’, ‘us’ or ‘our’ means Vault IQ AU Pty Ltd or Vault IQ NZ Ltd and other bodies corporate that we control, that controls us, or that is under common control with us. A reference to ‘Subscriber’, ‘you’ or ‘your’ means the Subscriber to the Vault Services. A reference to an ‘Order’ means an order form for a Vault Service and a reference to Data means any data created or stored by you using a Vault Service, which may include personal and sensitive information, (as those terms are defined in the Privacy Act 1988 (Cth)) if the Applicable Jurisdiction is Victoria, Australia, or, if the Applicable Jurisdiction is New Zealand, personal information (as defined in the Privacy Act 1993 (NZ)). "Applicable Jurisdiction" means, if you are located in New Zealand, New Zealand, or if you are located anywhere else in the world, Victoria, Australia.


We reserve the right to update or amend these Acceptable Terms of Use at any time. By continuing to use or access any Vault Service after any change, you agree to the Acceptable Terms of Use as updated. You should check this document from time to time to make sure you are aware of any changes.

Registration
When you register an account with us, we will provide you with a username and a password. You are responsible for keeping this username and password secure and confidential and you are responsible for all activity undertaken using this username.
To create an account, you must: (a) be at least 18 years of age; (b) possess the legal right and ability to enter into a legally binding agreement with us; and (c) agree and warrant to use any Vault Service in accordance with these Acceptable Terms of Use.

We collect information, including some personal information, about you in order to process your registration, provide you with Vault Services and for purposes otherwise set out in our Privacy Policy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide the Vault Services to you. We may also disclose your information to recipients that are located outside of Australia, including to our data storage providers located in New Zealand, Singapore and Hong Kong. Disclosure of information for these purposes may be contained to one jurisdiction depending upon the options and services selected in your Order with us.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your Data and information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us using the details provided in our Privacy Policy.

By providing your information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Acceptable Terms of Use, and consent to receiving information about our products and services, such as by way of direct mail, telemarketing, email, Push Notifications, SMS and MMS.


Content of Vault Services
The content provided by us through a Vault Service is owned or controlled by us and is protected by copyright laws in Australia, New Zealand and overseas. You may only use the content for your own purposes or as expressly agreed between us and you, and may not otherwise use, copy, reproduce, modify, publish or transmit the content without our prior written consent.

We use reasonable endeavours to ensure that the information we include in a Vault Service is accurate and up-to-date. But we cannot guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time. We do not guarantee that use of a Vault Service will be uninterrupted or error-free, or that materials accessible on or through a Vault Service will be free from errors, viruses, worms or other harmful codes. To the maximum extent permitted by law, all liability is excluded for any loss (including indirect loss), damages or injury resulting from your access to (or inability to access) or use of a Vault Service, or as a consequence of any content or information obtained from or through a Vault Service.

A Vault Service may include trademarks and other intellectual property which are protected by law. You may not use our trade marks, logos or other intellectual property in Australia, New Zealand or internationally without our prior written consent, except to legitimately identify our products or services.

You may link to our website provided you do so in a way that accurately indicates that the link is to a Vault website and is not misleading.


Purchases
Nothing in these Acceptable Terms of Use purports to modify or exclude any mandatory statutory conditions, warranties, undertakings or other mandatory legal rights available under any statute that cannot be excluded. Any other warranty or condition which is not guaranteed by mandatory provisions of applicable law is expressly excluded where permitted, including liability for incidental or consequential damage caused by breach of any express or implied warranty or condition.


Third party sites
A Vault Service may contain links or references to third party sites. We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.


Misuse of Vault Services
You agree to only use Vault Services in accordance with their terms and applicable laws. You may be held personally liable for any unlawful use of a Vault Service.

You agree not to use any Vault Service in a way that impacts the normal operation, privacy, integrity or security of: (a) any Vault Service; or (b) a third party’s personal information, account, domain name, URL, website, network, system, facility, equipment, data or business operations.

In addition you agree not to: (a) do any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal right of an individual; (b) upload Data that is in breach of any applicable law or of any warranty you have given to us under any agreement; (c) access data on the Vault Service not intended for you; (d) log in to a server or account on the Vault Service that you are not authorised to access; (e) attempt to probe, scan or test the vulnerability of any Vault Service; (f) breach the security or authentication measures of any Vault Service without proper authorisation; (g) upload files that contain harmful material that may cause damage to our or another individual’s property (including data); (h) make any part of any Vault Service unusable; (i) lease, distribute, licence, sell, rent or otherwise commercial exploit any Vault Service; or (j) make any Vault Service (including any evaluation version) available to a third party other than as contemplated in any subscription agreement with Vault.

If you think any content on this website is inappropriate or unlawful or infringes your rights, or if you suspect there has been a violation of these Acceptable Terms of Use, please contact us at privacy@vaultintel.com.


Breach of these Acceptable Terms of Use
If you breach these Acceptable Terms of Use, we may immediately suspend your access to any and all Vault Services and terminate any subscription agreement you have with us.


Privacy
Any personal information collected by us through your use of a Vault Service, will be dealt with in accordance with our Privacy Policy.


Governing law
Unless you have an agreement with us that specifies another jurisdiction to govern our relationship, these terms of acceptable use and your use of our websites will be governed by and construed in accordance with the laws of the Applicable Jurisdiction and you unconditionally submit to the non-exclusive jurisdiction of the courts of the Applicable Jurisdiction. Although our websites may be accessed outside of Australia and New Zealand, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia or New Zealand, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.



Acceptable Terms of Use Versions

Version One: 22nd December 2016

Version Two: 26 April 2017