Welcome to the website
https://stemworkbench.com, which is owned and operated by Cool Jargon –
Language Control Pty Ltd. If you continue to browse and use this website you
are agreeing to comply with and be bound by the following disclaimer, together
with our Terms and Conditions of Use.
The information contained in
this website is for general information purposes only and is provided by Cool
Jargon – Language Control Pty Ltd. While we endeavour to keep the information
up to date and correct, we make no representations or warranties of any kind,
express or implied, about the completeness, accuracy, reliability, suitability
or availability with respect to the website or the information, products,
services, or related graphics contained on the website for any purpose. Any
reliance you place on such information is therefore strictly at your own risk.
You need to make your own enquiries to determine if the information or products
are appropriate for your intended use.
In no event will we be liable
for any loss or damage including without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from loss of data or
profits arising out of, or in connection with, the use of this website.
Through this website you may
be able to link to other websites which are not under the control of Cool
Jargon – Language Control Pty Ltd. We have no control over the nature, content
and availability of those websites. The inclusion of any links does not
necessarily imply a recommendation or endorsement of the views expressed within
them.
Every effort is made to keep
the website up and running smoothly. However, Cool Jargon – Language Control
takes no responsibility for, and will not be liable for, the website being
temporarily unavailable due to technical issues beyond our control.
This website, and our
terminology support tools STEMWorkbench Editor and STEMWorkbench for Chrome,
are copyright of Cool Jargon – Language Control Pty Ltd © 2020. All rights
reserved. They contain material which is owned by or licensed to us. This
material may include, but is not limited to, the design, layout, look,
appearance, trademarks and graphics, as well as our selection of glossaries and
wordlists.
INTRODUCTION
Cool Jargon - Language Control
Pty Ltd ("we", "us", or "our") own and operate
the website https://stemworkbench.com (the "Site") and the browser
extension STEMWorkbench for Chrome, (the "Software"), which is offered at the Site and provided by download at the Chrome
Web Store. The Site and the Software (collectively the "Service")
provide the terminology support services that we offer to you.
We respect the privacy and
confidentiality of the information you provide as a visitor or subscriber and
adhere to the Australian Privacy Principles. We use your data to provide and
improve the Service. By using the Service, you agree to the collection, use,
and disclosure of your personal data, and the choices you have, as described in
this Privacy Policy. Please read it carefully.
Things
You Should Know
All personal communications to
the Site are encrypted and we secure them against unauthorised use or access.
Your credit card details are
not stored by us and cannot be accessed by our staff. They are encrypted and
securely stored by processing providers who may be located outside of Australia
but who comply with international PCI (payment card industry) standards for
data security.
If you have registered with
us, you can review, update or delete your personal profile online at any time.
We do
not view or record at any time the web pages, texts, documents and personal
materials ("User Materials") that you submit for processing with the
Service.
Processing of User Materials is generated client-side (i.e. locally) and they
are not sent to our servers.
a. recognize
technical terms on the websites you visit ("read your data") and
b. highlight
those terms and provide temporary links to glossaries and wordlists
("change your data").
We use
your permission responsibly and do NOT record the web pages that you visit or
the content of those pages.
For
information on installing and managing Chrome extensions, please visit the
Chrome Web Store Help page: https://support.google.com/chrome_webstore/answer/2664769?hl=en
INFORMATION COLLECTION AND USE
We collect several types of
information for various purposes to provide and improve our Service to you.
Personal
Data
When you use our Service, we
may ask you to provide us with certain personally identifiable information that
can be used to contact or identify you ("Personal Data"). You can
review, correct, update or delete your Personal Data by either logging into
your account and making the changes yourself or contacting us directly to do
so.
Personally identifiable
information may include, but is not limited to:
• your email address
• your first name and last name
• usage and cookies data (see below).
Your credit card details are
never sent to us and are not stored on our servers.
Usage Data
We may collect information
that your browser sends whenever you visit our Service or when you access the
Service by or through a mobile device ("Usage Data").
This Usage Data may include
information such as your computer's Internet Protocol (IP) address, browser
type, browser version, the pages at our Site that you visit, the time and date
of your visit, the time spent on those pages, unique device identifiers and
other diagnostic data.
When you access the Service by
or through a mobile device, this Usage Data may include information such as the
type of mobile device you use, your mobile device's unique ID, the IP address
of your mobile device, your mobile operating system, the type of mobile
Internet browser you use, unique device identifiers and other diagnostic data.
Cookies and Tracking Data
We use cookies and similar
tracking technologies to track the activity on our Service and hold certain
information.
Cookies are files with a small
amount of data which may include an anonymous unique identifier. Cookies are
sent to your browser from our Site and stored on your device. Tracking
technologies also used are beacons, tags, and scripts to collect and track
information and to improve and analyse our Service.
You can instruct your browser
to refuse all cookies or to indicate when a cookie is being sent. However, if
you do not accept cookies, you may not be able to use some portions of our
Service.
Cookies we use include:
• session cookies to operate our Service
• preference cookies to remember your
preferences and various settings
• security cookies.
Use
of Data
We use the collected data to:
• provide and maintain the Service
• notify you about changes to our
Service
• allow you to participate in
interactive features of our Service when you choose to do so
• provide customer care and support
• provide analysis or valuable
information so that we can improve the Service
• monitor the usage of the Service
• detect, prevent and address technical
issues.
SECURITY, TRANSFER AND STORAGE
OF YOUR INFORMATION
Security
of Data
The security of your data is
important to us, but remember that no method of transmission over the Internet,
or method of electronic storage is 100% secure. While we strive to use
commercially acceptable means to protect your Personal Data, we cannot
guarantee its absolute security.
Your communications to our
Site are transmitted over secure (i.e. https) connections. Your credit card
information is encrypted before transmission and is not viewed by us or stored
on our servers.
Amazon Web Services (AWS) in
the United States are responsible for the physical security of our servers.
When the Personal Data that we
collect is no longer required, we destroy or delete it in a secure manner.
In the event there is a breach
of our security and your Personal Data is compromised, we will promptly notify
you in compliance with the applicable law.
Transfer
of Data
Your information, including
Personal Data, may be transferred to, and maintained on, computers located
outside of your state, province, country or other governmental jurisdiction
where the data protection laws may differ than those from your jurisdiction.
If you are located outside
Australia and choose to provide information to us, please note that we may
transfer the data, including Personal Data, to Australia or other countries
that have adequate privacy protections. Your consent to this Privacy Policy
followed by your submission of such information represents your agreement to
that transfer.
We will take all steps
reasonably necessary to ensure that no transfer of your Personal Data will take
place to an organization or a country unless there are adequate controls in
place including the security of your data and other personal information.
Storage
of Data
All information we receive
from you is stored on our secure servers and protected from unauthorized use or
access.
Your credit card details are securely
stored by processing providers who may be located outside of Australia but who
comply with international PCI (payment card industry) standards for data
security.
We retain your personal
information for as long as needed to provide our Service to you and as
otherwise necessary to comply with our legal obligations, resolve disputes and
enforce our agreements.
USER
CONTENT
In the
event that the Service allows you to upload user-supplied linguistic content
such as glossaries and wordlists ("User Content") to your
password-protected account ("User Account") in order to process User
Materials, you are responsible and indemnify us for all User Content. It is
your responsibility to keep backups of all User Content that you upload to your
User Account.
All intellectual
property rights in and to the User Content are and shall remain your property,
and Cool Jargon – Language Control Pty Ltd shall acquire no right of ownership
with respect to your User Content.
You give us permission to host
your User Content and to technically administer services such as data backup,
glossary management and word inflection data management. This permission also
extends to third parties we trust and work with to provide the services.
USER
MATERIALS
We do
not view or record at any time the web pages, texts, documents and personal
materials ("User Materials") that you submit for processing with the
Service. Processing of User Materials is generated client-side (i.e. locally)
and they are not sent to our servers.
As
part of maintaining our Service, we track and record the web addresses (URLs)
of the glossaries and linked terms that you select when implementing the
Service to process your User Materials. However, we do not access any personal
or other materials at any time and we cannot be held responsible for any direct
or indirect loss or claims related to User Materials.
SHARING YOUR INFORMATION WITH
THIRD PARTIES
We do not and will not sell or
deal in Personal Data or any customer information.
Service
Providers
Such
third parties may access your Personal Data only to perform these tasks and are
obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service
Providers to monitor and analyse the use of our Service.
Google Analytics
Google Analytics is a web
analytics service offered by Google that tracks and reports website traffic.
Google uses the data collected to track and monitor the use of our Service.
This data is shared with other Google services. Google may use the collected
data to contextualize and personalize the ads of its own advertising network.
For more information on the
privacy practices of Google, please visit the Google Privacy & Terms web
page: https://policies.google.com/privacy?hl=en
DISCLOSURE OF YOUR INFORMATION
We may from time to time disclose
certain information, which may include your Personal Data, in the
good faith belief that such action is necessary to:
• comply with a law, regulation, court
order, subpoena, warrant or other legal requirement in the course of a legal
proceeding or in response to a law enforcement agency request
• protect and defend the rights or
property of Cool Jargon - Language Control Pty Ltd, our customers or third
parties
• prevent or investigate possible
wrongdoing in connection with the Service
• protect the personal safety of users
of the Service or the public
• protect against legal liability
• enable a change of control in one of
our businesses, whether by merger, sale, transfer of assets or otherwise. In
such instances, any transfer of Personal Data would occur under a
confidentiality agreement.
COLLECTION OF NON-PERSONAL
INFORMATION
Any non-personal information,
communications and material that you send to the Site or to us by email, or
which we obtain from third parties without promises of confidentiality, may be
kept, used and disclosed by us on a non-confidential basis. We are free to use
and reproduce any such information freely, and for any purpose whatsoever.
Specifically, we will be free to use any ideas, concepts, know-how or
techniques contained in such information for any purpose, including developing,
manufacturing or marketing products.
BLOG COMMENTS AND TESTIMONIALS
In the event that our Site
allows blog comments or testimonials, any information you choose to make
publicly available will be available for others to see. If you subsequently
remove this information, copies may remain viewable in cached and archived pages
on other websites or if others have copied or saved the information.
LINKS TO OTHER WEBSITES
Our Service may contain links
to other sites that are not operated by us. If you click on a third-party link,
you will be directed to that third party's site. We strongly advise you to
review the Privacy Policy of every site you visit.
We have no control over and
assume no responsibility for the content, privacy policies or practices of any
third-party sites or services.
IF YOU ARE UNDER 18 YEARS
Our Service does not address
anyone under the age of 18 ("Child"). If you are under the age of 18
years, you must ask your parent or legal guardian to approve your provision of
Personal Data before you submit your personal details to us. If you are the
parent or guardian of a Child and they have provided us with Personal Data
without your consent, please contact us and we will take steps to remove that
information from our servers.
CHANGES TO PRIVACY POLICY
As we plan to ensure our
Privacy Policy remains current, this policy is subject to change. We may modify
this policy at any time and at our sole discretion; all modifications will be
effective immediately upon our posting of the modifications on this Site.
Please return periodically to review our Privacy Policy.
CONTACT US
If you have any questions or
concerns at any time about our Privacy Policy or the use of your Personal Data,
please contact us at info@stemworkbench.com and we will endeavour to respond
within 48 hours.
If
you continue to browse and use this website https://stemworkbench.com (the
“Site”), you are agreeing to comply with and be bound by these terms and
conditions which, together with our Privacy Policy, Website Disclaimer and User
Licence Agreement, govern our relationship with you concerning your use of our
Site, Service and Software. You also signify that the laws of your country
allow you to enter into a binding contract with Cool Jargon – Language Control
Pty Ltd, who own and operate the Site.
Definitions
“Agreement”
means the agreement between you and Cool Jargon – Language Control Pty Ltd to
the terms and conditions that apply to your use and access to the Site and your
use and access to the documents and information on it.
"Site"
means our website https://stemworkbench.com and
its sub-domains. The Site includes the STEMWorkbench Editor, which is offered
as an online authoring and reading tool. The online editor allows
the entry of User Materials into a textbox in order to identify technical terms
in the entered materials and to check those terms against glossaries and
wordlists hosted by Cool Jargon – Language Control Pty Ltd.
“Software” means our browser extension STEM
Workbench for Chrome, which
is offered at the Site and provided by download from the Chrome Web Store.
Designed as a reading tool, the extension allows subscribers to
identify technical terms encountered while browsing the web and to check those
terms against glossaries and wordlists hosted by Cool Jargon – Language
Control Pty Ltd.
“Service”
means the services offered by the Site and the Software.
“Subscription
Fee” means the subscription fee charged to the subscriber from time to time by
Cool Jargon – Language Control Pty Ltd as nominated at the Site.
“Us”,
“our” and “we” refer to Cool Jargon - Language Control Pty Ltd.
“User” means a visitor to the Site or means a
subscriber to our Service.
“User Content” means User-supplied
linguistic content such as glossaries and wordlists that we, at our sole discretion, may allow you
to upload to your User Account in order to process User Materials with the
Software and Service.
“User
Materials” includes any text, documents or personal materials that you may
proofread, edit or check for defined terms when using the Software and Service.
“You”
and “your” refer to you the User.
Amendment of Terms
We
reserve the right to change, modify, add or remove portions of these terms at
any time. Please check these terms regularly prior to using the Site to ensure
that you are aware of any changes. We will endeavour to highlight any
significant or substantive changes to you where possible. If you choose to use
the Site, then we will regard that use as conclusive evidence of your agreement
and acceptance that these terms govern your rights and our rights and the
mutual obligations of both parties.
Privacy
All
Users are covered by our Privacy Policy. Please read the policy carefully. We
are committed to protecting your privacy and use the information that we
collect about you to maximize the Service that we provide to you.
If
you register as a subscriber, you may update your details online at any time.
All personal information that we receive from subscribers is protected by our
secure servers. Credit card information is not viewed by us or stored by us on
our servers.
Third Parties
We
do not and will not sell or deal in personal User information. We may however
use it in a general sense to create marketing statistics, to identify User
demands, to assist in meeting User needs generally and to improve our Service.
We
may be required to disclose information in good faith, and when required to do
so, in any of the following circumstances:
a. by law or by any court;
b. to enforce the terms of any of our User
agreements; or
c. to protect the rights, property or
safety of Cool Jargon – Language Control Pty Ltd, its subscribers or third
parties.
Subscriptions
You
must register as a subscriber to access certain areas of the Site.
In
consideration for payment of the Subscription Fee and subject to the terms and
conditions of this Agreement, we grant the subscriber for 12 months (calculated
from the date of purchase), a non-exclusive, personal, non-transferable
subscription solely for the use specified below.
Your
subscription allows you to check User Materials against glossaries and
wordlists that are available at your User account.
You
must not use our Service for any means other than as specified in this
Agreement.
In
the event of non-renewal of your subscription we have the right to immediately
terminate our support and your access to our Service. We have no liability to
you for any lost data, User Content or User Materials or for any loss or
damage, direct, indirect or consequential, that you may suffer as a result.
As
a subscriber, you are responsible for maintaining the confidentiality of your
password and your User account. You accept full responsibility for all
activities occurring under your password or User account. We will not and
cannot be held liable for any damage or loss that arises from your failure to
comply with this requirement. You will notify us immediately of any suspected
or actual loss, theft or unauthorised use of your password.
In the
event that the Service allows you to upload User Content to the Site, you are
responsible and indemnify us for all uploaded User Content. We have no
obligation to review or monitor any User Content and accept no responsibility
or liability for anything you upload including but not limited to breach of
third-party rights. You further agree that you are prohibited from:
a. using
our Service for anything which may violate any private or confidential
information, or for any illegal or unauthorised use;
b. uploading,
or using our Service in relation to, any User Content that may be protected by
third-party copyright and other intellectual property rights.
You
will not upload or add any User Content that includes deep links to a
third-party website if that website’s terms prohibit linking or deep linking to
that site. In cases where the website’s terms do not include a specific
prohibition, you must contact the website’s host or webmaster to ensure that
consent is granted before linking to that website. If we receive complaints
and/or cease and desist letters from the linked-to site’s host or webmaster, we
reserve the right at all times to remove your User Content and suspend or
terminate your User account.
We
accept no responsibility if User Content is lost, corrupted or changed and do
not guarantee that it will be retrievable. You accept responsibility for saving
and storing backup copies of User Content independently of the Site and its
services.
These
Terms do not grant us any rights to your User Content or intellectual property
except for the limited rights that are necessary to provide the Service, as
explained below.
You give us permission to host
your User Content and to technically administer services such as data backup,
glossary management and word inflection data management. This permission also
extends to third parties we trust and work with to provide the Service.
User
Materials
As
part of maintaining our Service, we track and record the web addresses (URLs)
of the glossaries and linked terms that you select when implementing our
Service. However, we cannot and do not have access to any User Materials at any
time and we cannot be held responsible for any direct or indirect loss or
claims related to any User Materials. You are fully responsible for any loss,
corruption, formatting, alterations or other modifications that may occur to
User Materials as a result of your using our Service.
Copyright Policy
The contents of the Service, including its
Software, design, layout, look, appearance, trademarks, graphics, sample texts,
glossaries and wordlists are protected under applicable copyright, trademark
and other laws. The contents of the Service belong to or are licensed to Cool
Jargon – Language Control Pty Ltd or its software or content suppliers.
No Warranties
To
the fullest extent permitted by law, we absolutely disclaim all warranties,
expressed or implied, including, but not limited to, implied warranties of
merchantability and fitness for any particular purpose. We give no warranty
that our Service will be free of errors, or that defects will be corrected, or
that the Site or its servers are free of viruses or any other harmful
components.
Whilst
we endeavour to have reliable information on the Site, we do not warrant or
make any representations regarding the use, or the result of the use, of any
document, product, service, link or information on the Site or as to its
correctness, suitability, accuracy, reliability, or otherwise.
It
is your sole responsibility and not our responsibility to bear any entire costs
of servicing, repairs, or correction. The applicable law in your State or
Territory may not permit these exclusions, particularly the exclusions of some
implied warranties. Some of the above may not apply to you but you must ensure
that you are aware of any risk you may be taking by using the Site or any
products or services that may be offered through it. It is your responsibility
to do so.
Links to Other Websites
The
Site may from time to time provide links to other websites and information on
those websites for your convenience. This does not necessarily imply
sponsorship, endorsement, or approval or arrangement between us and the owners
of those websites. We take no responsibility for any of the content found on
the linked websites.
Limitation of Liability
It
is an essential pre-condition to your use of the Site that you agree and accept
that we are not legally responsible for any loss or damage you might suffer
related to your use of the Site, whether from errors or from omissions in our
documents or information, any goods or services we may offer or from any other
use of the Site. Your use of any information or materials on the Site is entirely
at your own risk, for which we shall not be liable.
It
shall be your own responsibility to ensure that any products, services or
information available through the Site meet your specific, personal
requirements. You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
Competition and Consumer Act
For
the purposes of Schedule 2 of the Australian Consumer Law, in particular
Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the
Competition and Consumer Act 2010 (Cth), our liability for any breach of a term
of this Agreement is limited to: the supplying of the Software or Service to
you again; the replacement of the Software; or the payment of the cost of
having the Software or Service supplied to you again.
In
order to subscribe to our Software or Service, the laws of your country must
allow you to enter into a binding contract with Cool Jargon – Language Control
Pty Ltd.
Refunds and Replacements
We
process refunds in accordance with the Australian Consumer Protection
legislation.
In
addition to numerous screenshots, we offer at the Site's home page several demo
modes of the STEMWorkbench Editor, (which activates the same glossaries and
wordlists as the browser extension STEMWorkbench for Chrome), so that you can
make an informed judgement as to the suitability of our Service prior to
purchase. Consequently, our subscription package is non-refundable if you
simply change your mind after purchase.
If,
however, you believe that our Service does not perform as advertised, please
notify us within 14 days of purchase with a valid request for a refund. Your
request must include, where applicable:
a. a detailed description of the problem
b. version
details of (i) your Chrome browser, (ii) your Windows operating system and
(iii) your copy of STEMWorkbench for Chrome
c. a
web address where the problem occurs
d. an
accompanying screenshot (JPG, GIF or PNG) of the problem.
If
we determine that our Service does not perform as advertised, we will, at our
sole discretion, either:
a. provide a full refund of the
subscription price; or
b. take steps to correct any defects by
upgrading our Software and Service.
Exclusion of Unenforceable
Terms
Where
any clause or term above would by any applicable statute be illegal, void, or
unenforceable in any State or Territory then such a clause shall not apply in
that State or Territory and shall be deemed never to have been included in
these terms and conditions in that State or Territory. Such a clause if legal
and enforceable in any other State or Territory shall continue to be fully
enforceable and part of this Agreement in those other States and Territories.
The deemed exclusion of any term pursuant to this paragraph shall not affect or
modify the full enforceability and construction of the other clauses of these
terms and conditions.
Controlling Law and Jurisdiction
This
Agreement and this Site are subject to the laws of the Australian Capital
Territory and Australia. If there is a dispute between you and Cool Jargon –
Language Control Pty Ltd that results in litigation then you must submit to the
jurisdiction of the courts of the Australian Capital Territory.
Entire Agreement
These terms and conditions
represent the whole Agreement between you and Cool Jargon – Language Control
Pty Ltd concerning your use and access to the Site and your use and access to
the documents and information on it. No other term is to be included in this
Agreement except where it is required to be included by any legislation of the
Commonwealth or any State or Territory. All implied terms except those implied
by statute and which cannot be expressly excluded are hereby expressly
excluded.
6 May 2019
PLEASE
READ CAREFULLY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU
PROCEED TO INSTALL THIS SOFTWARE
Cool Jargon – Language Control Pty Ltd (ACN 151 375 085) is the author,
creator and publisher of this software (“Licensor”). Your use of and access to
the software as a user (“Licensee”) is governed by these terms and conditions
of use ("Terms").
This
is a licence agreement (“Agreement”) between you as Licensee and us as the
Licensor of this software.
As
a Licensee, you may subscribe to our Software where the subscription is solely
for your own personal use (“Individual Subscriber”) or subscribe to our Software
for a corporate subscription package (“Enterprise Subscriber”).
If
you are entering into this Agreement as an Individual Subscriber, this
Agreement is between you personally and the Licensor.
If
you are entering into this Agreement on behalf of an Enterprise Subscriber who
is party to the Agreement with the Licensor, you warrant that you have full
legal capacity and power to enter into this Agreement on behalf of the
Enterprise Subscriber.
If
you are using our Software and Service as an authorised user (“Authorised
User”) of an Enterprise Subscriber, you warrant that the Enterprise Subscriber
has authorised you to use our Software and Service. You agree to abide by these
Terms. Authorised User and Enterprise Subscriber are jointly and severally
liable for the use of our Software and Site in accordance with these Terms.
By
indicating that you accept the Terms in this licence agreement or by using our
Software and Service, you affirm that the Laws of your country allow you to
enter into a legal agreement with the Licensor and that you have read,
understood and accept these Terms and the terms and conditions, privacy policy
and disclaimer located at the website https://stemworkbench.com.
By
indicating that you accept the Terms in this Agreement, you also acknowledge
that:
a. this Agreement is the complete and
exclusive agreement between the Licensor and you, as Licensee, which supersedes
any proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this
Agreement, and
b. no amendment to this Agreement shall be
effective unless it is in writing.
IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CLICK “CANCEL” AND QUIT
THIS PROGRAM.
Definitions
“Agreement”
means this user licence agreement.
“Enterprise
Subscriber Software Licence” means a licence that allows organisations to use
the browser extension STEMWorkbench for Chrome on a network.
“Claim” includes any demand, claim, action,
proceeding, Loss, damages, costs, expenses, requisition, objection, alleged
right of indemnity incurred or suffered by, or brought or made or recovered
against a matter, no matter how arising (whether or not presently ascertained)
in the immediate future or contingent (whether criminal or civil, in contract,
tort or otherwise).
“Intellectual Property (Rights)” means any intellectual property
including all copyright, patents, trademarks, design rights, trade secrets,
circuit layouts, rights in database and data rights, domain names, knowhow,
trade secrets, procedures, technical designs, software and code and other
rights of a similar nature, whether registrable or not and whether registered
or not, and any applications for registration or rights to make such an
application.
“Law” includes a constitutional provision, treaty, decree, convention,
statute, regulation, ordinance, by-law, judgment, rule of common law or equity
and is a reference to that law as amended, consolidated or replaced.
“Liability” means any debt,
obligation, cost (including legal costs, deductibles or increased premiums),
expense, Loss, damage, compensation, charge or liability of any kind, including
those arising from third party claims, those that are prospective or contingent
and those the amount of which is not ascertained or ascertainable, and whether
arising under breach of contract, in tort (including negligence), restitution,
pursuant to statute or otherwise at law or in equity.
“Licence
Fee” means the subscription fee charged to the Licensee from time to time by
the Licensor as nominated at the Site in accordance with the Subscription
level.
“Licensee”,
“you”, “your” means the user to whom the Licensor has agreed to grant a licence
to use the Software for a Licence Fee.
“Licensor”
includes “we”, “us”, “our” and means Cool Jargon - Language Control Pty Ltd.
“Loss” means any cost,
expense, loss, damage or Liability whether direct, indirect or consequential
(including pure economic loss), present or future, ascertained or
unascertained, actual, prospective or contingent, or any fine or penalty and
includes legal costs.
“Service”
means the services at the Site that the Licensee may access through the Site.
“Software”
means the browser extension STEMWorkbench for Chrome, which is offered at the
Site and which the Licensee can download at the Chrome Web Store. Designed as a
reading tool, the extension allows the Licensee to identify technical terms
encountered while browsing the web and to check those terms against glossaries
and wordlists hosted by the Licensor.
“Subscription”
is for level of an Individual Subscriber (personal use only) or for level of an
Enterprise Subscriber (corporate subscription package).
“Subscription
Period” means an automatically renewable period of 12 months starting from the
date of purchase of the Software.
“User
Account” means your account to access use of the Software.
“User Materials” includes any text, documents or
personal materials that the Licensee may proofread, edit or check for defined
terms when using the Software and Service.
1. Grant
of Licence and Payment of Licence Fee
1.1 The Licensee must pay to the Licensor the
applicable Licence Fee according to the Subscription level. Payment of the Licence Fee automatically
renews unless Licensee terminates the Subscription in accordance with these
Terms.
1.2 Licensor reserves the right to update its
Licence Fee from time to time by email notice to Licensee at least 14 calendar
days prior to the end of the Subscription Period.
1.3 In consideration for payment of the
Licence Fee, the Licensor grants to the Individual Subscriber for the duration
of the Subscription Period, a personal, non-exclusive, non-transferable,
non-sublicensable, revocable licence to use the Software and Service subject to
and in accordance with the Terms.
1.4 In consideration for payment of the
Licence Fee, the Licensor grants to the Enterprise Subscriber and its
Authorised Users for the duration of the Subscription Period, a non-exclusive,
non-transferable, non-sublicensable, revocable licence to use the Software and
Service subject to and in accordance with the Terms. The licence permits
Enterprise Subscriber to grant access to a specified number of Authorised Users
to use the Software and the Service as agreed between Licensor and Enterprise
Subscriber for the Subscription level.
1.5 The licence grant to Individual User and
Enterprise User and their access to the Software and Service is contingent upon
payment of the applicable Licence Fee. As an Authorised User, your continued
access to and use of the Software and the Service is contingent upon your
Enterprise Subscriber’s payment of the Licence Fee.
1.6 You must not assign, sub-license, rent,
lease, reproduce, distribute, convey or otherwise transfer the Software to any
third party in whole or in part other than as permitted in this Agreement. You
may only copy the Software for backup purposes as expressly stated below.
1.7 In the event of non-renewal of the
licence, we have the right to immediately terminate our support and your access
to our Software and Service. We have no Liability to you for any Loss or
damage, direct, indirect or consequential, which you may suffer as a result.
2. Free
trial
2.1 Licensor may at its sole discretion offer
you a free trial membership with regard to our Software and Service (“Free
Trial”). By accessing our Software and Service for a Free Trial, you agree to
these Terms and any other terms that we require for such a Free Trial.
2.2 Either Licensor or Licensee may opt out of
these Terms during the Free Trial by giving seven (7) days’ notice to the
other. In this event, Licensor shall have the right to require that Licensee
shall cease all use of the Software and the Service. Licensee shall not be
eligible to participate in any further Free Trial except as authorised by
Licensor in writing.
2.3 After the Free Trial and if either
Licensor or Licensee does not terminate these Terms, then these Terms shall
continue to bind either party. Licensor shall be entitled to charge Licensee
the applicable Licence Fee according to the Subscription level and payment of
the Licence Fee shall automatically renew unless Licensee terminates the
Subscription in accordance with these Terms.
3. Use of Software
3.1 The Software is provided by the Licensor
to the Licensee by download from the Chrome Web Store.
3.2 The Software licence permits the Licensee
to check web pages against glossaries and wordlists that the Licensor makes
available to the Licensee.
3.3 You must not copy, reproduce, backup,
modify or otherwise use this Software for any means other than as specified in
this Agreement.
4. User
Account and Password Security
4.1 It is your responsibility to maintain the
confidentiality of your User Account and the secrecy of your User ID and
password (“Login Details”).
4.2 Any use of your Login Details by an
unauthorised person is prohibited and may result in the cancellation of your
User Account. You will notify the Licensor immediately of any suspected or
actual loss, theft or unauthorised use of your Login Details.
4.3 You accept full responsibility for all
activities occurring under your User Account and Login Details. The Licensor
will not and cannot be held liable for any damage, Claims or Loss that arises
from your failure to comply with this requirement or to maintain the security
of your system.
5. Security
of User Materials
5.1 You own all right, title and interest in,
or have a right to use, your User Materials. You grant to Licensor a license to
process your User Materials through the Software to enable Licensor to perform
its obligations under these Terms.
5.2 To maintain our Service, we record the
URLs of the glossaries and terms that you select when using our Software and
Service. Our Software reads and processes User Materials, but we do not have
direct access to your User Materials, nor do we verify these at any time.
5.3 We
cannot be held responsible for any Claims, Loss, or Liability arising from your
use of our Software or for any loss of data, corruption, formatting,
alterations or other modifications that may occur to User Materials as a result
of your using our Software or Service. You are fully responsible for your use
of the User Materials through our Software and any such effects on User
Materials.
5.4 The
rights and obligations imposed by this clause survive the end or termination of
these Terms.
6. Licence
Restrictions
6.1 Individual Subscriber is licensed to use
one seat as a single person to access the Software for Individual Subscriber’s
personal use. That is, Individual Subscriber may use the Software on only a
single computer. Neither concurrent use on two or more computers nor use in a
local area network or other network is permitted. If a Software upgrade enables
compatibility with mobile devices, the Licensee may use the Software on a
single computer and also on multiple mobile devices owned by the Licensee.
6.2 To use the Software or Service on a
network for more than one user, you must obtain an Enterprise Subscriber
Software Licence from Cool Jargon - Language Control Pty Ltd. Enterprise
Subscriber is licensed to grant agreed number of seats for agreed number of
Authorised Users permitted by Licensor according to the Subscription level.
Authorised User must not transfer its individual seat, or its use of the
Software or Service to a third party. Enterprise Subscriber agrees that it is
responsible for ensuring that Authorised User shall comply with these Terms.
Any breach of this Agreement by an Authorised User is deemed a breach by the
Enterprise Subscriber and Enterprise Subscriber agrees that it is liable for
any acts or omissions of the Authorised User that breach these Terms.
6.3 Except as otherwise expressly provided in
this Agreement, the Licensee shall not itself, and shall not permit any other
person to:
a. use, store, download, sub-license, sell,
transmit, redistribute, reproduce, adapt or otherwise deal with the Software in
any form (whether machine readable or not) or for any purpose or allow others
to copy, adapt or create derivative works of the Software without the written
authorisation of the Licensor. In no circumstances shall the Licensee deal with
the Software in favour of third parties;
b. reverse assemble or reverse compile the
whole or any part of the Software;
c. allow the Software to be accessed for
multiple use, or to be concurrently used, or be capable of being concurrently
used, by multiple users including but not limited to multiple users on the same
computer;
d. format or merge the whole or a
substantial or material part of the Software so that it ceases to be readily
identifiable as that of the Licensor;
e. use the Software in any way that could
damage the business of reputation of the Licensor or the goodwill or
Intellectual Property Rights associated with the Software; or
f. do or suffer any act in respect of the
Software which is not licensed under this Agreement.
6.4 The Licensee acknowledges and agrees that,
except as otherwise expressly authorised in writing by the Licensor:
a. the licence is restricted solely to the
Licensee;
b. any enhancements or modifications to the
Software made by or on behalf of the Licensee are hereby assigned to the
Licensor and shall upon their creation vest in the Licensor.
7. User
Content
a. using
our Service for anything which may violate any private or confidential
information, or for any illegal or unauthorised use;
b. uploading,
or using our Service in relation to, any User Content that may be protected by
third-party copyright and other intellectual property rights.
7.4 These
Terms do not grant the Licensor any rights to your User Content or intellectual
property except for the limited rights that are necessary to provide the
Service, as explained below.
7.5 You
give us permission to host your User Content and to technically administer
services such as data backup, glossary management and word inflection data
management. This permission also extends to third parties we trust and work
with to provide the Service.
8. No
Warranty
8.1 Licensor warrants that it is the owner of,
or authorised to commercialise, the Intellectual Property Rights in the
Software.
8.2 Except as expressly provided herein no
other warranty, condition, undertaking or term express or implied, statutory or
otherwise is given and all such warranties, conditions, undertakings and terms
are, insofar as Law allows, hereby excluded.
8.3 We do not warrant that the Software will
be free from disruption, interruption or errors or that we will correct all
faults, defects and errors. You acknowledge that the Software may be suspended
from time to time to enable us to carry out works to maintain, repair or update
the Software. Where possible, we will notify you in advance of any suspension
or interruption.
8.4 We do not warrant that the function or
performance of the Software will meet your individual requirements or perform
flawlessly with the particular configuration of your computer operating system
or software. We will, however, abide by all conditions or warranties that are
required by the Competition and Consumer Act 2010 (Cth).
8.5 We will use our best endeavours to ensure
the Software is always available and virus free but from time to time this may
not be the case, as it may be out of our immediate control. We will notify you
if the Software becomes unavailable for any lengthy and unusual time period.
8.6 We may subcontract technical support to a
professional subcontractor without notice to you.
9. Refunds and Replacements
9.2 If
you believe that our Software does not perform as advertised, please notify us
within 14 days of purchase with a valid request for a refund. Your request must
include:
a. a
detailed description of the problem
b. an
accompanying screenshot (JPG, GIF or PNG) that illustrates the problem
c. version
details of (i) your Chrome browser, (ii) your Windows operating system and
(iii) your copy of STEMWorkbench for Chrome
d. a
web address where the problem occurs
9.3 Refunds
are made at our discretion subject to any guarantees that cannot be excluded by
the Australian Consumer Law. If, after examination, we determine that the
Licensee’s copy of the Software does not perform as advertised, we will either:
a. provide
a full refund of the subscription price; or
b. take
steps to correct any defects by upgrading the Software.
10. Ownership of the Software
10.1 We retain ownership of the Software and any
release, update or upgrade. All rights, including but not limited to,
copyrights, trademark and trade secret rights to the Software belong to us.
10.2 Your use of the Software is subject to the
laws of the Australian Capital Territory and other applicable copyright and
trademark laws.
10.3 Nothing in this Agreement will constitute a
waiver of our rights under any Laws.
11. Intellectual
Property
11.1 The Licensor retains all intellectual property
rights in this Software and its source code. By virtue of this Agreement, the
Licensee acquires only the right to use the Software in accordance with its
Terms, and does not acquire any rights of ownership in the Software.
11.2 Licensee
agrees that the Intellectual Property Rights in or
related to the Software or any of its documentation vest in Licensor.
11.3 The Licensee agrees that Licensor
will retain any Intellectual Property Rights in the Software and any
materials created as part of the Software and the Licensee shall not challenge,
contest or deny the validity of Licensor ’s Intellectual Property Rights.
11.4 Licensee must not redistribute, sell, provide, adapt or otherwise use
this Software for any purpose other than as specified in this Agreement.
11.5 The Licensee warrants that
it will not remove any copyright or trade mark notices in or on the Software.
11.6 This clause survives the termination or expiry of this
Agreement for whatever reason.
12. Disclaimers
and Release
12.1 You acknowledge that Licensor does not make
any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Software
other than pursuant to these Terms.
12.2 Nothing in these Terms limits or excludes
any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under
them) which by law may not be limited or excluded.
12.3 Subject to this clause, and to the extent
permitted by law:
a. all terms, guarantees, warranties,
representations or conditions which are not expressly stated in these Terms are
excluded; and
b Licensor will not be liable for any
direct, indirect, special or consequential Loss or damage, loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
Software or these Terms whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
12.4 Use of the Software is at user’s own
risk. Everything made available through
the Software is provided to user without warranty or condition of any kind,
except as otherwise expressly provided in these Terms.
12.5 None of the affiliates, directors,
officers, employees, agents, contributors or third-party content providers
makes any express or implied representation or warranty about the Software or
the accuracy of results produced by the Software. This includes (but is not
restricted to) Loss or damage user might suffer as a result of any of the
following:
a. failure of performance, error, omission,
interruption, deletion, defect, failure to correct defects, delay in operation
or transmission, computer virus or other harmful component, loss of data,
communication line failure, unlawful third-party conduct, or theft,
destruction, alteration or unauthorised access to records;
b. the accuracy or suitability of any
information produced by the Software or Service; or
c. costs incurred because of Licensee
downloading, accessing or using the Software.
13. Limitation of Liability
13.1 The Licensee acknowledges and agrees that
in no event shall the Licensor be liable for damages, including indirect, special,
incidental or consequential damages (including Loss of existing or anticipated
revenue) in connection with or arising out of Licensee’s use of the Site,
Service or Software, or otherwise in connection with this Agreement or any
breach by the Licensee of this Agreement. Licensee agrees to take over any
Claims, litigation, issues or actions which may be taken by anyone including
any third party as a result of Licensee’s actions and related directly or
indirectly to Licensee’s use of the Site, Service or Software.
13.2 The Liability of the Licensor for all
Claims, in aggregate, which the Licensee may have against the Licensor in
relation to the Software (whether for breach of this Agreement, for negligence
or otherwise), shall be limited to the Licence Fee paid for that year.
13.3 To the extent that the Liability of the
Licensor under this Agreement cannot be wholly excluded at law, it is limited
to the re-supply of the Software or the Service to the Licensee.
14. Disputes
14.1 Compulsory process. A
party shall not start arbitration or court proceedings (except proceedings
seeking interlocutory relief) in respect of a dispute unless it has complied
with this clause.
14.2 Notification. A party
claiming that a dispute has arisen shall notify each other party to the dispute giving
details of the dispute.
14.3 Initial period – efforts to
resolve dispute. During the 30-day period after a notice is given (or
longer period agreed in writing by the Parties to the dispute)
("Initial Period") each party to the dispute ("Disputant")
covenants with the other to cooperate and take all reasonable steps necessary
to attempt to resolve the dispute.
14.4 Mediation. If the
Disputants are unable to resolve the dispute within the Initial Period, each
Disputant agrees that either:
a. the dispute shall be referred for
mediation, at the request of any Disputant, to a mediator agreed on by the
Disputants; or
b. if the Disputants are unable to agree on
a mediator within seven days after the end of the Initial Period, then the Parties
must submit the dispute for mediation through the Chair of Resolution Institute
(ACN 008 651 232) or the Chair’s designated representative and the Resolution
Institute Mediation Rules shall apply to the mediation.
14.5 Role of mediator. The
role of any mediator is to assist in negotiating a resolution of the
dispute. A mediator may not make a
decision that is binding on a Disputant unless that Disputant has so agreed in
writing.
14.6 Information. Any information or documentation disclosed
by a Disputant under this clause shall be kept confidential and may not be used
except to attempt to resolve the dispute.
14.7 Costs of mediation. Each
Disputant shall pay its own costs of complying with this clause. The Disputants
shall pay equally the costs of any mediator engaged.
14.8 Location, timing and
attendance. The mediation will be held in the Australian Capital
Territory, Australia, within 30 days after expiry of the Initial Period. Each
Disputant agrees to attend the mediation by a representative having full
authority to resolve the dispute. At the mediation, each Disputant may be
represented by one or more legal representatives.
14.9 Failure to resolve. If the
dispute fails to resolve at mediation or if one of the Disputants fails or
refuses to attend the mediation, the mediator will be requested to inform each
Disputant in writing that the mediation has been terminated without resolution
(“Mediation Termination Notice”). Upon receipt of Mediation Termination Notice,
the dispute resolution process will be terminated. A party to a dispute will only be entitled to
pursue other remedies available to it at law or otherwise, after receipt of
Mediation Termination Notice.
14.10 Confidentiality. All communications concerning negotiations made by
the Disputants arising out of and in connection with this dispute resolution
clause are confidential and to the extent possible, must be treated as “without
prejudice” negotiations for the purpose of applicable law of evidence.
15. Changes to Terms and Conditions
15.1 Cool Jargon - Language Control Pty Ltd may
occasionally update this Agreement. In such instances, we will notify you
either by email or by posting the updated Agreement
on the Site. It is the Licensee’s responsibility to regularly review the
on-site Agreement for the most current Terms. By continuing to use the Software
you agree to be bound by the updated Agreement posted on the Site.
15.2 Upon request, Cool Jargon - Language
Control Pty Ltd will return a prorated
portion of your subscription fees if you terminate your subscription within 7
days following the posting of a revised Agreement on the Site.
16. Termination and Expiry
16.1 You agree that we may, at our sole
discretion, terminate or suspend your access to the Software and your User
Account at any time with or without notice and for any reason, including, without limitation, for
breach of this Agreement. Any suspected fraudulent, abusive or illegal activity
may be grounds for terminating your User Account and may be referred to the
appropriate law enforcement authorities.
16.2 Individual User and Enterprise User may
terminate User Account by giving us at least thirty days’ written notice prior
to the end of the then applicable Subscription Period. Authorised User’s access to the Site and the Service
will be terminated if Enterprise User terminates its User Account. In no event
will termination relieve Individual User or Enterprise User of its obligation
to pay the Licence Fee for the current Subscription Period. We will not pro
rate the Licence Fee for a Subscription that is terminated before the end of
its Subscription period and no refunds will be given for any prepaid Licence
Fee.
16.3 Where there has been
a termination under this clause, your right to access and use the Software and
the Service will immediately cease.
16.4 Termination of the
licence shall not affect any accrued rights or liabilities of any party,
including rights to injunctive relief.
17. General Terms
17.1 This Agreement shall be construed and
governed in all respects by the law for the time being in force in the Australian
Capital Territory. Both parties agree to submit to the non-exclusive
jurisdiction of the Courts of the Australian Capital Territory for determining
any dispute concerning this Agreement.
17.2 In the event that any provision of this
Agreement is held to be invalid or unenforceable, then (at the Licensor’s
election at any time) either the remaining provisions of this Agreement will
remain in full force and effect, or the provision shall be read down to the
extent reasonable to make it valid and enforceable.
17.3 The waiver by either party of any default
or breach of this Agreement shall not constitute a waiver of any other or
subsequent default or breach.
17.4 This Agreement constitutes the complete agreement
between the parties and supersedes all previous agreements or representations
written or oral, with respect to the Software and licence. This Agreement may
not be modified or amended except in writing signed by a duly authorized
representative of each party.
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