1. LIMITATIONS ON USE
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Canibuild or the user content. Nor may you use any network monitoring or discovery software to determine Canibuild’ s architecture, or extract information about usage, individual identities or users.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Canibuild or the user content without our prior written permission.
2. GENERAL ADVICE WARNING
You should not act, or refrain from acting solely based on the material contained on Canibuild. Your access to Canibuild does not, of itself, create an adviser-client relationship between you and us.
Material on Canibuild does not constitute a solicitation or inducement to invest in any financial products or services offered by us.
Any advice included in Canibuild has been prepared without considering your objectives, financial situation or needs. You should consider our Product Disclosure Statement, before making any decision about whether to acquire the product described in that document.
Verumtek will carry out its best endeavors to make sure that the information about the business practices of our user(s) as uploaded or entered on Canibuild remain confidential: including but not limited to business processes, development plans, accounting, strategic alliances, clients, client list, and client requirements.
Confidentiality would also be maintained directly or indirectly for Ideas and development plans for new products and services, including, but not limited to Digital media integration, Digital media content, Educational resources, Reality and factual documentary scenarios, Creative outlines and treatments, Scripts, any other material that describes the ideas, function, operation, outcomes, of any products and services owned and / or currently being developed by the user(s).
Confidential Information and Intellectual Property may be: Oral, written, electronic or other machine-readable form. Translated from the original, modified, updated, or altered.
By using Canibuild you confirm that you have also committed to keep the information confidential and limited to the direct beneficiary of the information, and you will not use this information for further commercialization in any form directly or indirectly.
4. INTELLECTUAL PROPERTY RIGHTS
Verumtek is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within Canibuild unless otherwise indicated. All information, text, material, graphics, software and advertisements on Canibuild are the copyright of Verumtek, its suppliers and licensors unless expressly indicated otherwise by Verumtek.
You acknowledge that all IP Rights in the Canibuild Platform are owned by us or our licensors.
You will not:
- copy, record, edit, alter or translate any of the Canibuild Platform, or any part of the Canibuild Platform. This shall include, without limitation not removing, editing or otherwise interfering with (or attempting to remove edit or otherwise interfere with) any names, marks, logos or branding on the Canibuild Platform.
- reverse engineer, disassemble or otherwise attempt to derive source code for the Canibuild Platform in whole or in part except to the extent expressly permitted by law; and
- in any manner damage or impair any of our IP Rights, and shall use your best efforts to protect our IP Rights from infringement by third parties.
- The Canibuild Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill and any IP Rights in the Canibuild Platform, are and shall remain owned solely by us or our licensors. Except for the licence granted in Section 2.2, no other licence, right, or interest in any goodwill or IP Right in the Canibuild Platform or any part or derivative work thereof is granted or conveyed to you.
- Unless expressly permitted in this User Agreement, you shall not:
5.1. assign, sublicense, transfer, pledge, lease, rent, distribute or share the Canibuild Platform or any rights thereto under this or any other Agreements.
5.2. separate any component part of the Canibuild Platform, or separately use any component part thereof on any equipment, machinery, hardware or system whatsoever.
5.3. decompile, disassemble, reverse compile, reverse engineer, create derivative works of or reproduce (other than one copy solely for backup and archival purposes) the Canibuild Platform or any parts thereof.
5.4. remove or destroy any proprietary marking or legends placed upon or contained within the Canibuild Platform.
5.5. develop methods to enable unauthorised parties to use the Canibuild Platform.
5.6. attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Canibuild Platform by any means whatsoever.
5.7. provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the Canibuild Platform for the benefit of third parties.
5.8. workaround any technical limitations in the Canibuild Platform or use any tool to enable features or functionalities that are otherwise disabled in the Canibuild Platform.
5.9. use similar processes and functions to develop competing features or functions with the Canibuild Platform.
5.10. use the Canibuild Platform or any Financial Data to conduct any fraudulent, inappropriate or illegal activities, including without limitation deceptive impersonation; or
5.11. permit or encourage any third party to do any of the foregoing.
4.6. Except as provided in the Terms, use of Canibuild does not grant you any right, title, interest or license to any such intellectual property you may access on Canibuild.
4.7. RESCON owns the rights, or have permission to use, the trademarks listed on Canibuild. You are not authorised to use any of those trademarks without RESCON’s written consent – to do so would be a breach of RESCON’s or another party’s intellectual property rights.
4.8. Alternatively, RESCON may authorise you to use the content on Canibuild if you contact us and we agree in writing.
5. DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, Canibuild disclaims, and does not make, any representation or warranty of any kind in respect of any product and/or service we offer on the website or that you may order from us. Canibuild will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product and/or service
The disclaimers, exclusions, and any other limitations on Canibuild’ s liability in this Section do not override any express commitments Canibuild gives to you.
Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
6. DISPUTE RESOLUTION
Except to the extent that this section is inconsistent with the requirements of any legislative or regulatory regime, the dispute resolution process set out in this section shall apply. The parties must use all their reasonable endeavours to resolve any dispute arising in connection with this User Agreement or any transactions thereunder.
If the parties fail to resolve a dispute within 5 business days of one party giving notice to the other of the dispute, either party may, by giving notice to the other, refer the dispute to the parties’ senior officers (where you are an individual no such referral is applicable) who, each party must ensure, must co-operate in good faith to resolve the dispute as amicably as possible within 10 days of the dispute being referred to them.
If the senior officers (or an individual and our senior officer) fail to resolve the dispute within 10 days of the dispute being referred to them, the parties must, at the written request of either party and within 10 days of receipt of the request, refer the dispute to mediation in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Rules for the Mediation of Commercial Disputes. The costs of the mediator shall be met equally by the parties. If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitrations.
7. ACCOUNT CREDENTIALS
When you first access the Canibuild Platform you will be asked to enter your Account Credentials to access the Canibuild Platform, which is confidential and shall be used solely by you. You are responsible for ensuring that your Account Credentials remain confidential and for taking such other precautions as may be necessary to ensure they cannot be used by any person other than you. You must notify us immediately if you become aware that your Account Credentials have in any way become compromised or if any third party may be able to use your Account Credentials to access the Canibuild Platform.
You agree that we do not have to establish the authority of anyone quoting your account number or Account Credentials. The use of your Account Credentials by any third party is expressly prohibited.
If we believe that there is likely to be a breach of security, we may require you to change your Account Credentials or suspend your access to the Canibuild Platform. We reserve the right to edit, amend or issue you with new Account Credentials or require a change of your Account Credentials at any time by giving notice to you.
You are responsible for ensuring that you alone control access to your Account Credentials, and that no minor or other person is granted access to the Canibuild Platform using your Account Credentials. You agree that you are ultimately and solely responsible for all actions on the Canibuild Platform when accessed through your Registration Data, including any negligent or unauthorised disclosure of your Account Credentials. You undertake to immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity other than you, of any of your Registration Data, including your Account Credentials. You acknowledge that it is your responsibility to ensure your computer or device does not permit your access password to be saved to enable automatic re-logging.
You shall indemnify, defend, and hold us harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorised use of the Trading Platform through your Account Credentials.