Feasreport Terms of Use

Welcome to Feasreport, a Cloud Based Property Development Feasibility Software. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Feasreport provides You with access to the Service.

Feasreport reserves the right to change these terms at any time, effective upon the posting of modified terms and Feasreport will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

1. USE OF SOFTWARE

Feasreport grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

2. YOUR OBLIGATIONS

2.1. Payment obligations:

To start using Feasreport You need to pay Feasreport license fee which will grant You one year access to Feasreport software. If You want to continue with Feasreport after one year the Annual license fee need to be payed for each consecutive year.  Otherwise the service will be terminated.

2.2. General obligations:

You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Feasreport or condition posted on the Website. You may not use the Feasreport Service and Website to provide services to others.

 

2.3. Access conditions:

  1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Feasreport of any unauthorised use of Your passwords or any other breach of security and Feasreport will reset Your password and You must take all other actions that Feasreport reasonably deems necessary to maintain or enhance the security of Feasreport s computing systems and networks and Your access to the Services.
  2. As a condition of these Terms, when accessing and using the Services, You must:
  1. not attempt to undermine the security or integrity of FeasReport’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
  2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
  3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
  4. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
  5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

2.4. Usage Limitations:

Use of the Service may be subject to limitations, including but not limited to monthly feasibility reports and the number of calls You are permitted to make against FeasReport’s application programming interface. Any such limitations will be advised.

2.5. Communication Conditions:

As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. FeasReport is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, FeasReport does reserve the right to remove any communication at any time in its sole discretion.

2.6. Indemnity.

You indemnify FeasReport against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to FeasReport, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

3. CONFIDENTIALITY AND PRIVACY

3.1. Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  2. Each party’s obligations under this clause will survive termination of these Terms.

3.2. Privacy:

FeasReport maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at www.FeasReport.com/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

4. INTELLECTUAL PROPERTY

4.1. General:

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of FeasReport (or its licensors).

4.2. Ownership of Data:

Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the FeasReport Access Fee when due. You grant FeasReport a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

4.3. Backup of Data:

You must maintain copies of all Data inputted into the Service. FeasReport adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. FeasReport expressly excludes liability for any loss of Data no matter how caused.

5. WARRANTIES AND ACKNOWLEDGEMENTS

5.1. Authority:

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

5.2. Acknowledgement:

You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
  2. FeasReport has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
  1. You are responsible for ensuring that You have the right to do so;
  2. You are responsible for authorising any person who is given access to information or Data, and you agree that FeasReport has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
  3. You will indemnify FeasReport against any claims or loss relating to:
  4. FeasReport’s refusal to provide any person access to Your information or Data in accordance with these Terms,
  5. FeasReport’s making available information or Data to any person with Your authorisation.
  1. The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.
  2. FeasReport does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. FeasReport is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  3. FeasReport is not Your financial adviser and use of the Services does not constitute the receipt of financial advice. If You have any financial questions, please contact a financial adviser.
  4. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
  5. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

6. LIMITATION OF LIABILITY

6.1. To the maximum extent permitted by law, FeasReport excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

6.2. If You suffer loss or damage as a result of FeasReport’s negligence or failure to comply with these Terms, any claim by You against FeasReport arising from FeasReport’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

6.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

7. TERMINATION

  1. If You breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. If You breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Access Fees that are more than 30 days overdue); or
  3. If You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

FeasReport may take any or all of the following actions, at its sole discretion:

  1. Terminate this Agreement and Your use of the Services and the Website;
  2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  3. Suspend or terminate access to all or any Data.

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations is not made in full by the relevant due date, FeasReport may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

8. HELP DESK

8.1. Technical Problems:

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting FeasReport. If You still need technical help, please check the support provided online by FeasReport on the Website or failing that email us at support@FeasReport.com.au

8.2. Service availability:

Whilst FeasReport intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason FeasReport has to interrupt the Services for longer periods than FeasReport would normally expect, FeasReport will use reasonable endeavours to publish in advance details of such activity on the Website.

9. GENERAL

9.1. Entire agreement:

These Terms, together with the FeasReport Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and FeasReport relating to the Services and the other matters dealt with in these Terms.

9.2. No Assignment:

You may not assign or transfer any rights to any other person without FeasReport’s prior written consent.

9.3. Governing law and jurisdiction:

If the information or Data You are accessing using the Services and the Website is solely that of a person who is a tax resident in Australia at the time that You accept these terms then Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement

9.4. Notices:

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to FeasReport must be sent to info@feasreport.com.au or to any other email address notified by email to You by FeasReport. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.