Viberent- TERMS OF USE & END USER LICENSE AGREEMENT

Thank you for your interest in Viberent, owned by Smart Reports Solutions Pty Ltd, the Rental Management System as add-ons for Accounting Systems (herein after referred to as “Add-On Services”). Please review the following terms and conditions concerning your use of the “Add-On Services”.

By accessing, using or downloading any materials from this site and/or from “Add-On Services”, you agree to follow and be bound by these terms and conditions (“The Terms”). Smart Reports Solutions Pty Ltd reserves the right to change the Terms at any time and in its sole discretion. In case of any violation of the Terms, Smart Reports Solutions Pty Ltd reserves the right to seek all remedies available to it in law and in equity. In order to access and use any “Add-On Services”, you must agree to the terms of the Smart Reports Solutions Pty Ltd “Add-On Services” License or have previously executed a written agreement.

You acknowledge that all materials provided on “Add-On Services”, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services, are provided either by Smart Reports Solutions Pty Ltd or its third party authors, developers and vendors and the underlying intellectual property rights are owned by Smart Reports Solutions Pty Ltd.

Smart Reports Solutions Pty Ltd reserves the right, in its sole discretion and at any time, to terminate your access to the Web sites and/or any of its services without liability to you or any third-party. In addition, access to the “Add-On Services” may be monitored by Smart Reports Solutions Pty Ltd. Upon termination of these Terms, you will immediately destroy any downloaded or printed Materials. The “Add-On Services” may be hosted on a cloud platform such as Windows Azure that are managed and controlled by parties other than Smart Reports Solutions Pty Ltd.

It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

SMART REPORTS SOLUTIONS PTY LTD “ADD-ON SERVICES” LICENSE

The “Add-On Services” are Copyright © 2013 by Smart Reports Solutions Pty Ltd. All rights are reserved. This document is effective as of April 5, 2013. This is a legal agreement between the recipient of the “Add-On Services” license, means “YOU”, herein referred to as the “RECIPIENT”, and Smart Reports Solutions Pty Ltd, herein referred to as the “AUTHOR”.

Use of “Add-On Services” indicates your acceptance of the following terms and conditions and disclaimers. “Use” means storing, loading, installing, using or executing the “Add-On Services”.

By using any part or whole of the “Add-On Services”, the RECIPIENT indicates agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the RECIPIENT and the AUTHOR. If the RECIPIENT does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the RECIPIENT may not use or view any part or whole of the “Add-On Services”.

1. LICENSE GRANT

The AUTHOR here by grants to the RECIPIENT the rights to use the “Add-On Services”. This grant is subject to the RECIPIENTs compliance with all sections present in this license.

2. OWNERSHIP

The “Add-On Services” are owned and copyrighted by Smart Reports Solutions Pty Ltd. The RECIPIENT license confers no title or ownership in the “Add-On Services” and should not be construed as a sale of any right in the “Add-On Services”.

3. PAYMENTS, RENEWALS, REFUNDS

  • The subscription for “Add-On Services” will be on a monthly or annual subscription basis depending on the option you have chosen initially.
  • The Service is invoiced to you on a monthly basis or at the beginning of the subscription period and these charges are not refundable.
  • Payments will be charged to your credit card or other mode of payment that you have initially registered with us.
  • No credits or refunds can be made for partial months of service, refunds for unused months during the subscription period.
  • The charges are inclusive of GST, but exclusive of other taxes, levies, or duties imposed by taxing authorities. Such taxes, if applicable, are to be paid by the RECIPIENT.

4. COPYRIGHT

The “Add-On Services” are protected by international treaty provisions. RECIPIENT acknowledges that no title to the intellectual property in the “Add-On Services” is transferred to the RECIPIENT. RECIPIENT further acknowledge that title and full ownership rights to the “Add-On Services” will remain the exclusive property of AUTHOR and RECIPIENT will not acquire any rights to the “Add-On Services” except as expressly set forth in this license. RECIPIENT agrees that any copies of the “Add-On Services” will contain the same proprietary notices which appear on and in the “Add-On Services”. The RECIPIENT may not remove or alter any copyright notices contained within the “Add-On Services”.

5. DISCLAIMER OF WARRANTY

NO OTHER WARRANTIES. THIS “ADD-ON SERVICES” ARE LICENSED TO THE RECIPIENT “AS IS”, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE “ADD-ON SERVICES” ARE ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THE “ADD-ON SERVICES” DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.

6. SECURITY AND DATA PRIVACY

The Service allows subscribed users of an organisation to store and retrieve data from “Add-On Services”. For personalised usage and to ensure security and privacy of data, the Service provides a registration page to allow the user of an organisation to create their own login account along a password entered by her/him. However, upon submitting the details, the same will be managed, analysed and stored within the Service.

In the registration page, you must enter your actual name and other details. Short names or aliases, nick names are not be entered in the registration page and an actual e-mail address.

For ensuring data security for each organisation, you must enter a valid name for the organisation since the same will be used within the Service to ensure that the permissions for the data for a particular organisation is set to prevent access from other entities/organisations.

All authorised users within an organisation will have access to the data specific to the organisation that the user belongs to.

Smart Reports Solutions Pty Ltd uses third party vendors and cloud partners to provide the necessary hardware, software, networking, storage, and other resources required to run the Service.

If you are using this “Add-On Services” on behalf of your organisation, you must consider the data privacy arrangements they have with their clients, members or other external parties. It is your responsibility to ensure that the data is not shared among such multiple entities. The Services is designed to provide data security and privacy within the security context of an organisation that was entered by you at the time of registration.

Your registration information including your name, contact details and other details will be used by Smart Reports Solutions Pty Ltd in accordance with Smart Reports Solutions Pty Ltd Privacy Policy.

7. LIMITATION OF LIABILITY

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS BE LIABLE TO RECIPIENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE “ADD-ON SERVICES”, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AUTHOR UNDER ANY CIRCUMSTANCES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER INDIRECT OR CONSEQUENTIAL LOSS) ARISING OUT OF THE USE, OR INABILITY TO USE OF “ADD-ON SERVICES”. IN NO EVENT WILL THE AUTHORS LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY RECIPIENT, IF ANY.

8. TERMINATION

This License will terminate automatically, without notice from the AUTHOR, if the RECIPIENT fails to comply with the terms and conditions of this License Agreement. Upon termination, the RECIPIENT shall immediately discontinue use of the “Add-On Services” and destroy all copies of the “Add-On Services”. All payments made by RECIPIENT are non-refundable. Notwithstanding termination, the following provisions shall survive: Disclaimer of Warranty and Limitation of Liability. All other rights granted under this License will cease upon termination.

9.ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive agreement between AUTHOR and RECIPIENT with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of the AUTHOR and RECIPIENT.