Taskular Platform End User Terms of Use

This document governs Your use of the Taskular Platform. In this document, “You” or “Your” means:

Taskular’s business subscribers (Subscribers), which includes their employees, officers, agents, individual contractors and representatives who are authorised to use the Taskular Platform (Permitted Users); and
their customers (Customers).

This document is a binding agreement between You and Taskular Pty Ltd (ABN 98 602 456 762) (Taskular, us, we or our), being the owner and operator of the Taskular Platform.

By creating a user account or otherwise using the Taskular Platform, You agree to be bound by the terms and conditions of this document. If You are a Subscriber, this document is incorporated into Your Taskular Platform Agreement by reference.

From time to time, these terms and conditions may change. You can find the current terms and conditions at any time on our website at https://www.taskular.com/terms-of-use/. Please check our website regularly so You are aware of any changes.

Your access to and use of the Taskular Platform is subject to the following terms and conditions.

Access and Use
1. You must become a registered user in order to use the Taskular Platform.
2. If You are a Customer, You must not use the Taskular Platform for or on behalf of any other person, unless you are a parent or guardian of a child and you are using your account for or on behalf of that child.
3. If you are a Permitted User, you must use the Taskular Platform in accordance with this document and the Taskular Platform Agreement between your organisation and Taskular, and you must not use the Taskular Platform for or on behalf of any other business or organisation.
Content and Communications
1. The Taskular Platform permits You to upload, view or access information, documents, images and multimedia files (Content), and send and receive communications via the messaging service (Communications)
2. Taskular does not itself provide Content, other than the Content which is in or provided with the Taskular Platform, such as templates and documentation including user or support documentation such as on-line help files relating to the Taskular Platform. Taskular is not responsible for any Content which You upload, view or access and Taskular gives no warranties or guarantees about the accuracy, quality, reliability or legality of any such Content.
3. You are responsible for all Content which you upload and all Communications which you make. You must not upload any Content or make any Communication:
  1. which is defamatory, misleading, deceptive, fraudulent, offensive, threatening, illegal, pornographic or obscene;
  2. which contains any virus, malware, Trojan horse, worm, time bomb, back door or other such malicious software or code; or
  3. for which you do not have the necessary rights or permissions.
4. You warrant that you have all the necessary rights and permissions to upload or otherwise make Content available on the Taskular Platform. You agree to indemnify Taskular on demand for any loss suffered by Taskular in breach of this warranty or any breach of clause 2.3.
5. You acknowledge that:
  1. Content is provided to You subject to any terms provided by the Content provider;
  2. Content may be deleted or modified by the Content provider at any time;
  3. Taskular may retain a copy of any Content on its systems for a reasonable period to comply with its legal obligations; and
  4. Taskular may delete or disable any Content or close or disable any user account at any time, but will usually only do so if it believes that such Content or user is in violation of this document or the law.
Security, support and reporting unauthorised access
1. Your account and Your access to the Taskular Platform are personal to You and You must not authorise others to use Your account. You acknowledge that Your username, password and security key through which You can access and use the Taskular Platform (Login Details) are confidential.
2. You must ensure that the Taskular Platform is kept secure from unauthorised access, use or modification, including by keeping Your Login Details secure, secret and confidential. If You are using the Taskular Platform on behalf of an organisation, this means that You must not share Your Login Details to any other person within the organisation.
3. You acknowledge that it is your responsibility to implement sufficient security procedures and virus checks to satisfy Your own security requirements.
4. If You experience any issues accessing the Taskular Platform, or have any questions in relation to the Taskular Platform, You can contact us at contact@taskular.com (Taskular Support).
5. If You suspect your account has been accessed without authorisation, You must immediately contact Taskular Support and must also immediately change Your Login Details. Any unauthorised access to the Taskular Platform that comes to your attention must be reported to Taskular Support.
Maintenance
1. Taskular may suspend access to, and use of, the Taskular Platform in order to perform scheduled maintenance on the Taskular Platform. Taskular will provide You with at least 5 business days’ notice of the maintenance and the expected duration of the maintenance.
Your responsibilities
1. You must comply with any applicable law, including any Australian State or Federal law, or any law of another country which applies to you, in connection with the use of the Taskular Platform and any reasonable directions given by us in relation to the use of the Taskular Platform.
2. We may, at any time, set and enforce limits on Your use of the Taskular Platform, at our sole discretion. If we choose to implement these limits, you agree to, and will not attempt to circumvent, such limitations. If you would like to use the Taskular Platform beyond these limits, you must obtain our express consent. We may accept or decline such request, or impose additional terms and charges for that use.
Intellectual Property Rights
1. All Intellectual Property Rights in and to the Taskular Platform (including any templates, documentation, the “look and feel” of the Taskular Platform and any other Taskular provided Content) are owned by Taskular or its licensors.
2. You must not copy, modify, adapt, translate, prepare derivative works from or reverse engineer any part of the Taskular Platform, or authorise, allow or provide the means for others to do any of these things.
3. You grant Taskular a non-exclusive, worldwide, royalty free licence to store, reproduce and communicate all uploaded Content for the purpose of providing the Taskular Platform.
4. Taskular may update, modify or change the functionality of the Taskular Platform at any time, provided that such any such change does not substantially change the functionality of the Taskular Platform.
5. In this clause 6, “Intellectual Property Rights” means all intellectual or industrial property rights anywhere in the world, whether existing now or in the future, or whether registered or unregistered, including rights in respect of: patents, inventions, designs, trade marks, copyright, databases and compilations, moral rights, topography rights, domain names, and trade and business names, including the benefit of all registrations and applications to register any of them; and all trade secret, confidentiality and other proprietary rights, including all rights to know-how and other technical information. It includes the layout and design of the Taskular Platform screens or any trade mark/logo/brand used by Taskular.
Privacy
1. By creating a user account or otherwise using the Taskular Platform, You consent to Taskular’s collection, use and disclosure of Personal Information in accordance with the Taskular Privacy Policy (available at https://www.taskular.com/privacy-policy/).
2. Where You disclose any Personal Information to Taskular (through using the Taskular Platform or otherwise), You warrant that You have the express written consent of the relevant individual, or are otherwise authorised by law, to disclose that Personal Information to Taskular for the purpose of providing the Taskular Platform. You agree to indemnify Taskular on demand for any loss suffered by Taskular for breach of this warranty.
Disclaimer of Warranties and Limitation of Liability
1. All express and implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, this document are excluded other than:
  1. as expressly stated in this document; and
  2. guarantees which by law cannot be excluded or modified by agreement including those under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
2. If we are liable for a breach of a guarantee implied by law and that liability cannot be excluded by law but can be limited, our liability is, to the fullest extent permitted by law, limited to the following (at our option):
  1. supplying the services again; or
  2. payment of the cost of having the services supplied again.
3. Subject to the liability position stated above, the Taskular Platform and the Content are provided on an “as is” and “as available” basis. Taskular does not guarantee that the Taskular Platform or any Content will always be available or be uninterrupted, timely, secure, accurate, reliable or free from errors and omissions or computer viruses.
4. You understand and agree that Your use of the Taskular Platform is at Your own discretion and risk and that You will be solely responsible for any damage or loss whatsoever that results from such use.
Expenses and Equipment
1. You are solely responsible for paying all expenses You may incur when You use the Taskular Platform or access Content including Your internet or data service provider charges and any excess charges to that provider if You have a limit on the amount of data You can download together with all costs of the equipment and software You need to access the Taskular Platform.
2. We reserve the right to charge a fee for the Taskular Platform or to otherwise charge you for costs associated with data access or data services in the future.
Disputes
1. You acknowledge that the Taskular Platform is provided by Taskular to facilitate:
  1. interactions with Your Customers, if You are a Subscriber or Permitted User; or
  2. interactions with Subscriber(s), if You are a Customer.
2. Accordingly, you further acknowledge that:
  1. Taskular does not itself provide any services to either Subscribers or Customers (with the exception of providing use of the Taskular Platform);
  2. any disputes between the relevant parties must be managed by those parties; and
  3. You agree that Taskular will have no responsibility to investigate, mediate or settle any dispute between You and any other person that uses the Taskular Platform.
3. Taskular may assist You in investigating any conduct which You believe is in violation of this document or the law, but it is not obliged to.
General
1. This document is governed by the law of Victoria, Australia, and You submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
2. We may assign or novate this agreement to any other person on written notice to You. You must not assign, novate or sub-license any of Your rights or obligations under this agreement to any person without our prior written consent. Any purported dealing in breach of this prohibition is void and of no effect.
3. In the event that any part of these terms and conditions are void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these terms and conditions will remain in full force and effect.
Contact Details

If You have an questions, comments with respect to the Taskular Platform or this document, please direct them to:

Taskular Pty Ltd

PO Box 1283

Fitzroy North

Victoria Australia 3068

Email: contact@taskular.com