Terms of Use – License Agreement
Last Updated: 19 August 2024
Introduction
Presite.com is a product of Landconnect Global Pty Ltd. By accepting the terms of this agreement, you are entering into a binding agreement with Landconnect Global Pty Ltd (Landconnect).
1. Acceptance of Terms
1.1 Permission to use the Software is conditional upon you reading and accepting all the terms of this license agreement.
1.2 You acknowledge that you have read the entire agreement and that you agree to all terms of this agreement by checking the checkbox upon activating an account.
1.3 You warrant that you can and are authorized to enter into a binding agreement on the terms of this License Agreement.
1.4 We reserve the right to review and change any of these Terms at our sole discretion. When we update the Terms, we will use reasonable endeavors to provide you with notice. Any changes to the Terms take immediate effect from the date of their publication.
2. Licence
2.1 We grant you a non-exclusive, non-transferable license to use the Software on the terms of this agreement specifically for the purpose of siting houses on land allotments in the course of your day-to-day personal or business activities.
2.2 We grant you a non-exclusive, non-transferable license to use the Documentation on the terms of this agreement.
2.3 You acknowledge that there is no transfer to you of any right in respect of the Software or the Documentation other than the licenses granted in clauses 2.1 and 2.2.
2.4 In addition to the licensing conditions pursuant to clause 2.1, you will ensure that the Software is used only by the account holder.
2.5 You agree that you will not share your login details with others. Any breach of this may result in the cancellation of your account.
3. Obligations
3.1 You must not and must not allow any other person to:
a. Except as expressly permitted by non-excludable laws, copy, alter, modify, tamper with, decompile, reverse engineer or attempt to reverse engineer the Software, or use the Software to develop other software;
b. Copy the Documentation;
c. Permit the Software to be combined with or incorporated in other software;
d. Use the Software to supply hosting services or bureau services to any person; or
e. Infringe any of our Intellectual Property Rights in respect of the Software or otherwise.
3.2 You must:
a. Use the Software only in accordance with the Documentation;
b. Conduct your own due diligence on the integrity and accuracy of the Documentation we create based on the floor plans you provide to us, to ensure our output is accurate and you accept full responsibility for the accuracy of that output;
c. Ensure that the Software is used only by people trained to use it;
d. Comply with our support and operating procedures current from time to time; and
e. Comply with all reasonable directions issued by us regarding the use of the Software.
f. Ensure you have unfettered permission to use any files uploaded for use in our software.
g. Notify us of any substantial program errors you identify in your use of the Software.
4. Content
4.1 When you upload content, including but not limited to floor plan designs and logos, to us in SVG, PDF, or PNG formats, or when you design floorplans using our application:
a. You grant us a non-exclusive right to use this content for the purpose of providing our services to you and within our application.
b. You maintain all copyright and ownership rights to your content. We do not claim any ownership over your content.
c. You warrant that you have the right and permission to upload this content and that it does not infringe or encroach on any third party’s intellectual property rights.
5. Activation & Deactivation
5.1 Your use of the Software will be activated on payment of your first Monthly Subscription Fee.
5.2 Following activation, your use of the Software will be deactivated if during the term of the Licence agreement, you do not pay your Monthly Subscription Fee when due for payment.
6. Initial and Ongoing Fees
6.1 All fees are payable via direct debit of your nominated credit card.
6.2 You hereby request and authorize Landconnect to arrange for any amount Landconnect may debit or charge you to be debited from your nominated credit card account held at the financial institution nominated by you.
6.3 All fees are made payable via Stripe, a payment gateway.
6.4 A receipt of payment will be provided after each successful payment.
6.5 In the event a payment is denied or cannot be completed on your monthly renewal date, we will attempt to debit your nominated credit card over 5 consecutive days. If a direct debit payment fails after 5 direct debit attempts, your account will be immediately suspended.
6.6 All Fees are non-refundable.
6.7 If you dispute any Invoice, you must pay any undisputed amount and must notify us in writing within seven days after receipt of the Invoice of the reason for the dispute. The dispute will then be dealt with under clause 17. If the outcome of the dispute resolution process is that some or all of the disputed amount should properly have been paid, you must pay that amount together with interest at the cash target rate specified by the Reserve Bank of Australia on the day that the payment was due, plus 3%, calculated at daily rests from the original due date.
6.8 The Monthly Subscription Fee and any additional fees payable under this agreement are subject to adjustment, by us giving you 30 days written notice.
6.9 Your Monthly Subscription grants you a certain amount of credits based on your subscription tier. These credits are consumed by using the respective modules of the application.
6.10 Credits are deducted based on the module used and the extent of usage.
6.11 The number of credits required for each module is specified within the application and may be subject to change with reasonable prior notice.
6.12 The manner, timing, and quantity of credits deducted will be communicated throughout the use of the application.
6.13 It is your responsibility to ensure that you have sufficient credits available for the modules you intend to use.
6.14 Credits expire 45 days after they are issued if they are not used.
6.15 All fees, charges and other amounts referred to in this agreement are exclusive of Government Charges.
6.16 If any supply under this agreement is a taxable supply or results in Government Charges, the party making the supply:
a. May, in addition to any payment for the supply, recover from the recipient the amount of the Government Charges applicable to the supply; and
b. Must issue a tax invoice to the recipient within 28 days after making the taxable supply.
7. Our Responsibilities
7.1 We will:
a. Investigate any program errors you identify and report to us and at our expense correct any actual errors within 15 business days following receipt of your report;
b. If you are unsatisfied with any corrections we implement, you may terminate this Agreement subject to payment of any moneys due and payable at the date of termination and without entitlement to a refund of any moneys paid;
c. Use reasonable endeavors to correct any error related to the Software which renders the Software unusable within 7 business days of the error arising.
8. Training Services
8.1 We do not warrant or represent that the Training content or participation in the Training services will result in a particular level of competence or any other particular result.
9. Warranty
9.1 We warrant that:
a. For the duration of the Warranty Period, the Software will operate in accordance with the Documentation in all material respects;
b. Use of the Software and Documentation in accordance with this agreement does not infringe the Intellectual Property Rights or moral rights of any person; and
c. We have all necessary rights to grant the licenses under clauses 2.1 and 2.2.
9.2 If, during the Warranty Period, you consider there is a defect in the Software that has the effect that the Software does not operate in accordance with the Documentation in a material respect, you must notify us within the Warranty Period. We will investigate any defects so notified and, upon verification of the existence of the defect, use reasonable endeavors to rectify the defect without additional charge to you.
9.3 We:
a. Do not and will not share, distribute or sell your designs, trade secrets, or other intellectual property;
b. Will take reasonable care to ensure the security of any files you provide to us.
9.4 The warranties in clause 9.1 do not apply to the extent that breach of those warranties and representations is caused by:
a. Unauthorised Use; or
b. Your breach of this agreement.
Liability
10.1 You acknowledge that:
a. The Software or the Documentation may contain errors or inaccuracies;
b. The results produced by the Software are for information purposes only and do not constitute advice or take into account your particular circumstances (see clause 10.4);
c. The results produced by the Software may contain errors or inaccuracies;
d. You are solely responsible for ensuring the accuracy, quality, and resolution of the floorplans you upload. The accuracy of the output depends on the file type, quality, and compatibility of the files uploaded, with varying results possible. While we may provide general guidance on typical accuracy for specific file types, this information does not guarantee accuracy or usability for all inputs. You must verify that the output meets your standards through testing, as we disclaim any warranty and liability for inconsistencies, inaccuracies, or data integrity issues resulting from the uploaded floorplans. Users are encouraged to report any significant discrepancies, though we assume no obligation to address or resolve such issues. Additionally, you agree to indemnify and hold us harmless against any claims or damages arising from the use of inaccurate floorplans.
e. You rely on your own skill and judgment in using the Software and in determining its suitability for any purpose;
f. You alone are responsible to provide at your cost the Minimum Requirements as defined in this Licence Agreement to enable your use of the Software; and
g. The Software may not work in all hardware or software configurations even though the Minimum Requirements are met.
h. We explicitly exclude liability for any loss of data, whether direct or indirect, and you acknowledge that it is your responsibility to back up all data used in conjunction with the Software.
10.2 Subject to this clause, we are not liable to you or to any other person for:
a. Any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, willful, or negligent act or omission by you or any of your officers, employees, agents, or contractors; or
b. Any indirect, incidental, special, or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, or loss or damage resulting from wasted management time irrespective of whether:
c. The loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise;
d. The loss or damage is caused by or relates to Unauthorised Use; or
e. We or any other person were previously notified of the possibility of the loss or damage.
10.3 Our maximum aggregate liability for all proven losses, damages, and claims arising out of this agreement, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the amount of the Monthly Subscription Fee paid by you to us under this agreement.
10.4 Any representation, warranty, condition, guarantee, or undertaking that would be implied in this agreement by legislation, common law, equity, trade, custom, or usage is excluded to the maximum extent permitted by law.
10.5 Nothing in this agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted, or modified by agreement.
10.6 To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in clause 10.5 is limited, at our option, to:
a. In the case of goods: the replacement of the goods or the supply of equivalent goods, the repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; and
b. In the case of services: the supplying of the services again or payment of the cost of having the services supplied again.
10.7 You indemnify us and our officers, employees, and agents from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified where such loss or liability was caused by:
a. Unauthorised Use of the Software;
b. Your breach of your obligations under this agreement; or
c. Your willful, unlawful, or negligent act or omission.
10.8 Site Plan Assistance
a. You acknowledge and agree that Landconnect is not responsible for any inconsistencies in information that you, your users, or any third-party suppliers provide to Landconnect, including any inconsistencies within plans of subdivisions or land title dimensions. Landconnect is under no obligation to verify or correct any information provided.
b. Your consumption of, acceptance of, and/or use of any part of the Sitings Assistance is entirely at your own risk. Any assistance or correspondence provided by Landconnect to you (including the users affiliated with you) is to be treated as a point of reference requiring verification by you, your users, and independent third-party experts.
c. You indemnify Landconnect and its officers, employees, and agents from and against any loss (including reasonable legal costs and expenses) and damages or liability they incur which relates to Landconnect providing Sitings Assistance, except to the extent that such loss, damages, or liability is directly caused by Landconnect’s gross negligence or willful misconduct.
11. Software Performance and Results
11.1 You acknowledge that the results produced by the Software involve an analysis of data input by you. Accordingly, you acknowledge that before acting on any results produced by the Software, you must consider whether it is appropriate to do so in light of your particular objectives.
11.2 We do not guarantee that the Software is or will be error-free for all possible systems, combinations of software, and input variations.
11.3 You acknowledge that software in general is not error-free and agree that the existence of such errors will not constitute a breach of this agreement. We do not warrant that the Software will be free from all known computer viruses and you are solely responsible for scanning the Software for computer viruses.
11.4 It is a condition of this agreement that you test the Software for compatibility with your systems, existing software, and input permutations. You must audit the output results of the Software on a regular basis to ensure the ongoing suitability and integrity of the Software.
11.5 You agree that we do not warrant or represent that the Software or your use of the Software will result in a particular level of profitability, return on investment, or any other particular financial or non-financial result.
11.6 The Software is provided “As Is” without warranty of any kind. We do not warrant that the Software will meet your requirements or that it will be uninterrupted or error-free. To the fullest extent permitted by law, we hereby disclaim all other warranties, whether express or implied, oral or written, with respect to the Software including, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability, or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance, or usage of trade.
12. Confidentiality
12.1 Each party:
a. May use Confidential Information of the other party solely for the purposes of this agreement;
b. Except as permitted under clause 12.1(c), must keep confidential all Confidential Information of the other party; and
c. May disclose Confidential Information of the other party only to persons who:
d. Are aware and agree that the Confidential Information of the other party must be kept confidential; and
e. Either have a need to know (and only to the extent that each has a need to know), or have been specifically approved by the other party; or
f. May disclose Confidential Information of the other party as required by law or stock exchange regulation.
12.2 Must take all reasonable steps to secure and keep secure all of the other party’s Confidential Information coming into its possession or control; and
12.3 Must not memorize, use, modify, reverse engineer, or make copies, notes, or records of the other party’s Confidential Information for any purpose other than in connection with the performance of its obligations under this agreement.
12.4 Even though information is the Confidential Information of a party, the other party is not obliged to comply with clause 12.1 in relation to that Confidential Information if:
a. The Confidential Information has become public knowledge; or
b. The other party became aware of that Confidential Information from a third person, in circumstances where there was no breach of any obligation of confidence.
12.5 You must not make any public statement about:
a. The specific performance metrics of the Software;
b. The detailed operation of the Software; or
c. Benchmarking the Software without our prior written consent.
12.6 You are liable to us for any indirect, incidental, special, or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity caused by any breach of confidentiality by you.
12.7 You must not:
a. Use any Confidential Information to create any software, content or documentation that is similar to the licensed Software;
b. Disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying structures, ideas or algorithms of the licensed Software or encryption for the content (except and only to the extent these restrictions are expressly prohibited by applicable statutory law);
c. Encumber, lease, rent, loan, sublicense, transfer or distribute the licensed Software;
d. Copy, adapt, merge, create derivative works of, translate, localize, port or otherwise modify the licensed Software;
e. Use the licensed Software in an automated process;
f. Use the licensed Software, or allow the transfer, transmission, export or re-export of all or any part of the licensed Software or any product thereof, in violation of any export control laws or regulations of Australia or any other relevant jurisdiction; or
g. Permit any third party to engage in any of the foregoing prescribed acts.
12.8 You shall not use the licensed Software for the benefit of any third party without Our prior written consent.
13. Improvement Concepts
13.1 Any suggestions, ideas, concepts, designs, or proposed improvements (collectively, “Improvement Concepts”) that you submit to Landconnect, whether via email, feedback forms, or any other means, are considered non-confidential and non-proprietary to you.
13.2 By submitting any Improvement Concept, you acknowledge and agree that:
a. Landconnect may freely use, implement, and exploit these Improvement Concepts for any purpose, without any obligation to compensate you.
b. Landconnect is under no obligation to review, consider, or implement any Improvement Concept submitted.
c. Any implementation of an Improvement Concept by Landconnect does not grant you any rights of ownership or recognition unless expressly agreed upon in a separate written agreement.
13.3 You grant Landconnect a perpetual, global, non-exclusive, royalty-free, fully paid, sublicensable, and transferable right to use, modify, distribute, and incorporate any Improvement Concepts submitted by you into any of Landconnect’s products or services.
13.4 In the event that Landconnect elects to implement any Improvement Concept, Landconnect will not be held liable for its use, and you waive any claims against Landconnect related to the Improvement Concept, including but not limited to intellectual property infringement claims.
14. Intellectual Property Rights
14.1 In the event that proceedings are brought or threatened by a third party against you alleging that your use of the Software constitutes an infringement of Intellectual Property Rights, we may at our option and own expense conduct the defense of such proceedings and you must:
a. Notify us in writing as soon as practicable of any infringement or alleged infringement;
b. Not make any admissions in relation to any infringement or alleged infringement;
c. Give us or our nominee the right to conduct the defense of such a claim, including negotiations for settlement or compromise prior to and after the institution of legal proceedings; and
d. Provide all necessary co-operation, information and assistance to us in the conduct of the defense of such proceedings.
14.2 If the Software is found to infringe a third party’s Intellectual Property Rights, we may at our option:
a. Procure for you the right to continue using the Software;
b. Modify the Software so that it becomes non-infringing;
c. Replace the Software with other software with similar functionality; or
d. Terminate this agreement.
15. Term and Termination
15.1 This agreement commences on the Commencement Date and continues until:
a. A party terminates the agreement in accordance with clause 15.3;
b. You unsubscribe by providing written notice to us; or
c. The Software or the services we provide are, in the opinion of Landconnect, no longer commercially viable.
15.2 This agreement may also be terminated if Landconnect is unable to reach you within 60 days after attempting contact.
15.3 A party may terminate this agreement with immediate effect by giving notice to the other party if:
a. That other party breaches any material term of this agreement not capable of remedy;
b. That other party breaches any material term of this agreement capable of remedy and fails to remedy the breach within 30 days after receiving notice requiring it to do so; or
c. An Insolvency Event happens in relation to that other party (whether or not notified).
16. On Termination
16.1 On termination of this agreement (other than by you under clause 15.4), the licenses granted under clauses 2.1 and 2.2 terminate and you must immediately:
a. Stop using the Software and the Documentation;
b. Return to us all copies of the Documentation in your possession or control.
16.2 You acknowledge that if this agreement is terminated other than by you under clause 15.4, in addition to any other remedies we may have, we may:
a. Retain all fees paid under this agreement;
b. Charge a reasonable sum for work performed in respect of which work no sum has been previously charged.
16.3 Clauses 1, 9, 10, 12, 13, 14, 17, and 25 will survive the termination of this agreement.
17. Dispute Resolution
17.1 Neither party may start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute relating to or arising out of this agreement (“Dispute”) unless it has first complied with Dispute Resolution.
17.2 A party claiming that a Dispute has arisen must notify the other party within 10 working days after the event occurring that has given rise to the Dispute.
17.3 Within 7 working days after a notice given under clause 17.2, each party must nominate in writing to the other party a representative authorized to settle the Dispute on its behalf.
17.4 During the 20 working day period after a notice is given under clause 17.2 (or if the parties agree a longer period, that longer period) each party must use its best efforts to resolve the Dispute.
17.5 If a Dispute is not resolved within that time, the Dispute must be referred:
a. For mediation, in accordance with the then-current version of the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines; and
b. To a mediator agreed by the parties, or if the parties do not agree on a mediator, a mediator nominated by the then current Chief Executive Officer of the ACDC or the CEO’s nominee (or if no such person is available or willing to nominate a mediator, by the then President of the Law Institute of Victoria).
17.6 The ACDC Mediation Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the ACDC Mediation Guidelines are hereby deemed to be incorporated into this Agreement.
17.7 If the Dispute is not resolved under clause 17.5 within 60 days after referral (or any longer period agreed between the parties), either party may commence proceedings in a court.
17.8 Nothing in Dispute Resolution prevents a party from seeking urgent interlocutory relief in a court.
18. Force Majeure
18.1 Neither party is liable for any delay or failure to perform its obligations pursuant to this agreement (other than an obligation to pay money) if that delay or failure is due to Force Majeure.
18.2 If a delay or failure of a party to perform its obligations is caused by Force Majeure, the performance of that party’s obligations will be suspended.
18.3 If a delay or failure by a party to perform its obligations due to Force Majeure exceeds 60 days, either party may immediately terminate the agreement on providing notice in writing to the other party.
18.4 If this agreement is terminated pursuant to Force Majeure, we will refund money previously paid by you for any goods or services not supplied to you.
19. Entire Agreement
19.1 This Agreement, including any Invoices, constitutes the entire agreement and supersedes all prior representations, negotiations, statements, understandings, or agreements (oral or written) between the parties about the subject matter of this Agreement.
19.2 No terms, requirements, or specifications in order forms or other documents provided by you form part of this agreement. Terms set forth in any Purchase Order (or any similar document) that are in addition to or at variance with the terms of this Agreement are specifically waived by you. All such terms are considered to be proposed material alterations of this Agreement and are hereby rejected.
19.3 No waiver, consent, or modification of this Agreement shall bind either party unless in writing and signed by the party against which enforcement is sought.
19.4 The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
19.5 If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
20. Assignment
20.1 This Agreement and the rights and obligations hereunder are personal to You, and may not be assigned or otherwise transferred, in whole or in part, without Our prior written consent. Any attempt to do otherwise shall be void and of no effect. Without Your consent, We may assign this Agreement to any third party. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.
21. Variation
21.1 We reserve the right to review and change any of the terms of this agreement at our sole discretion. When we update the terms, we will use reasonable endeavors to provide you with notice. Any changes to the terms take immediate effect from the date of their publication. Your continued use of the Software after such changes will constitute your acceptance of the new terms.
22. Severability
22.1 Any provision of this agreement which is invalid in any jurisdiction must, in relation to that jurisdiction:
a. Be read down to the minimum extent necessary to achieve its validity, if applicable; and
b. Be severed from this agreement in any other case, without invalidating or affecting the remaining provisions of this agreement or the validity of that provision in any other jurisdiction.
23. Governing Law
23.1 This agreement is governed by the law applicable in the State of Victoria, Commonwealth of Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.
24. Notices
24.1 Notices under this agreement must be in writing and may be delivered by hand, by mail, by email or by facsimile to the addresses specified on the Invoice.
24.2 Notice will be deemed given:
a. In the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorized employee, agent or representative of the receiving party;
b. In the case of posting, 3 days after dispatch;
c. In the case of email, within 30 minutes of dispatch of the email; and
d. In the case of facsimile, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission.
25. Definitions
25.1 The following definitions apply unless the context requires otherwise:
Commencement Date means the earlier of the date we provide the Software to you or the date of the Invoice in respect of the Software.
Confidential Information of a party means all confidential information (including trade secrets and confidential know-how) relating to that party or a corporation related (as that term is used in the Corporations Act 2001 (Cth) to that party from time to time, of which the other party becomes aware.
Documentation means:
a. Any operating manuals and other printed materials including users’ manuals, programming manuals, modification manuals, flow charts, drawings, and software listings that are designed and provided by us to assist or supplement the understanding or application of the Software; and
b. Hard copies of all Software produced sitings uploaded on your Software account including all facades for a particular floor plan, together with all available structural options for any single floor plan, produced by us based on information provided by you to us, and based on the minimum lot size requirements for a particular floor plan.
Force Majeure means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under this agreement. Such circumstances include:
a. Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, and any natural disaster;
b. Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, and revolution; and
c. Strikes.
Government Charges means any taxes, duties, or government charges arising out of or in connection with entering into this agreement or making a supply under it, including GST.
Insolvency Event means, in respect of a party, any one or more of the following events or circumstances:
a. A winding up, dissolution, liquidation, provisional liquidation, administration, or bankruptcy;
b. Having a controller (as defined in the Corporations Act 2001 (Cth), receiver, receiver and manager, administrator, liquidator (whether provisional or otherwise) of that party or that party’s property or any other person (however described) holding or appointed to an analogous office or acting or purporting to act in an analogous capacity;
c. Being unable to pay any of its debts as and when due and payable or being deemed to be insolvent under any provision of the Corporations Act 2001 (Cth) or any other law;
i. Seeking protection from its creditors under any law, entering into a compromise, moratorium, assignment, composition, or arrangement with, or for the benefit of, any of its members or creditors; or
ii. Any analogous event or circumstance to those described in paragraphs (i) to (iv) under any law or in any jurisdiction, unless such event or circumstance occurs as part of a solvent reconstruction, amalgamation, compromise, arrangement, merger, or consolidation approved by the other party (which approval is not to be unreasonably withheld or delayed).
Intellectual Property Rights means all intellectual property rights, including:
a. Patents, copyright, rights in circuit layouts, registered designs, trademarks, and the right to have confidential information kept confidential; and
b. Any application or right to apply for registration of any of those rights.
Invoice means our invoice to you in relation to this agreement.
Minimum Requirements means the latest version of Google Chrome and a secure and reliable Internet connection.
Monthly Subscription cost means the cost for Access To The Software as specified at the time of registration (or otherwise in accordance with the rates notified to you from time to time).
Access To The Software means:
a. Email and internet support in respect of technical issues and software usage through our Help Desk;
b. Use of the software.
Sitings Assistance means:
(i) assistance with drawing a Siting, including entering the degrees, minutes, seconds and metres for boundaries of a lot of land, reading and determining measurements on a plan of subdivision provided to the Supplier and inputting measurements on a Siting;
(ii) demonstrating how features of the Application operates in relation to a particular Siting, including the extension and reduction features, and how to insert easements on to a plan of subdivision; and
(iii) helping to align a Floor Plan to a boundary of a lot.
Software means the Presite.com software owned by Landconnect in its existing form as at the Commencement Date created for the purpose of siting houses on land allotments and which you are licensed to use pursuant to the terms of this license agreement.
Unauthorised Use means:
a. An alteration or modification to the Software or Documentation that has not been authorized in writing by us;
b. Use of the Software other than in accordance with the Documentation or for a purpose not reasonably contemplated by us or under this agreement; or
c. Use of the Software in combination with equipment, computer programs, or services not set out in the Documentation or otherwise authorized in writing by us.
Unsubscribe means the act of providing written notice to Landconnect to terminate the agreement, thereby ceasing to use the Software or receive services provided under the agreement.
Warranty Period is the period of 90 days from the date on which you first access the Software.
We, including its different grammatical forms such as our and us, means Landconnect Global Pty Ltd.
26. Rules of Interpretation
26.1 The following rules of interpretation apply unless the context requires otherwise:
a. Any use of the verb “includes”, or of words such as “for example” or “such as”, do not limit anything else that is included in general speech;
b. The singular includes the plural and vice versa; and
c. Unless otherwise stated, monetary references are references to the Australian dollar.