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Terms & Conditions for Designers

Terms of Use

Denpro Pty Ltd. (“Programa,” “we,” “our”) offers a variety of team productivity, collaboration, and organisational tools available online, including via a mobile application (collectively, the “Service”), and Website, including but not limited to www.programa.com.au (the “Website”).

We call users of the Website “Users”.

Account Registration and Confidentiality

To access the Service and Website, you must register for an Programa account by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorised to make decisions on behalf of the Customer and agree that Programa is entitled to rely on your instructions.

Unauthorised Account Use.

You are responsible for notifying us at team@programa.com.au if you become aware of any unauthorised use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Programa will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorised use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Programa or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Programa reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

Our Proprietary Rights

The Service and Website are owned and operated by Programa and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Programa and its partners, as well as other sources, and are protected by Australian copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Website. You acknowledge that the Service and Website have been developed, compiled, prepared, revised, selected, and arranged by Programa and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Programa and such others. You agree to notify Programa immediately upon becoming aware of any claim that the Service and Website infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorised use of any material contained on or through the Service and Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

User Content & Feedback

User Content and Submissions on the Service. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:

Users maintain ownership of the User Content that they submit to the Service. By submitting User Content, Free Users grant Programa a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that User Content, as permitted by Programa’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any User Content on the Service that violates these Terms or that is otherwise objectionable in Programa’s sole discretion.

Feedback on the Website.

The Website may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Programa and share such Feedback with other users, or the public. By submitting Feedback through the Website, you grant Programa a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Programa marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

User Content and Feedback Representations.

You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Programa does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Website, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Programa for all claims resulting from User Content or Feedback you submit through the Service and/or Website. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

License And Acceptable Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, sub licensable, non-transferable, and revocable license to access and use the Service and Website only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Website, including the Programa Privacy Policy and these Terms. Programa may revoke this license at any time, in its sole discretion.

All Users must comply with the following rules regarding acceptable use of the Service and Website.

Disruption of the Service.

You may not:

  • access, tamper with, or use non-public areas of the Service and Website, Programa’s computer systems, or the technical delivery systems of Programa’s providers;

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;

  • access or search the Service and Website by any means other than Programa’s publicly supported interfaces (for example, “scraping”);

  • attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or

  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Website, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Website.

Misuse of the Service and Website.

You may not utilize the Service and Website to carry out, promote or support:

  • any unlawful or fraudulent activities;

  • the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

  • activities that are defamatory, libellous or threatening, constitute hate speech, harassment, or stalking;

  • the publishing or posting of other people’s private or personal information without their express authorisation and permission;

  • the sending of unsolicited communications, promotions advertisements, or spam;

  • the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or

  • the promotion or advertisement of products or services other than your own without appropriate authorisation.

User Content Standards Within the Service and Website.

You may not post any User Content on the Service or Website that:

  • violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

  • is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libellous or threatening, constitutes hate speech, harassment, or stalking;

  • contains any personal information of minors;

  • contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Programa’s prior written consent granted as part of a Customer Agreement;

  • contains viruses, bots, worms, or similar harmful materials; or

  • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Violations

In addition to any other remedies that may be available to us, Programa reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Website, upon notice and without liability for Programa should you fail to abide by the rules in this agreement, in Programa’s sole discretion, such action is necessary to prevent disruption of the Service or Website for other users.

Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy.

Liability

Our liability for losses you suffer as a result of us breaching any term of the Contract is strictly limited to the total Fees actually paid by you in the six month period immediately preceding the date of the breach.

Nothing in these terms and conditions will operate to exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;

  • for fraud or fraudulent misrepresentation; or

  • for any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

  • loss of income or revenue

  • loss of business

  • loss of profits or contracts

  • loss of anticipated savings

  • loss of data

  • waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

We are not responsible or liable for any lack of access to our Site as a result of maintenance work to Programa. We will endeavour to provide Users and Members with reasonable notice of any maintenance work that may restrict access to our Site.

Viruses

You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Website for any reconstruction of any lost data.

Third-party Links And Service And Website

The Service and Website may provide (1) information and content provided by third parties; (2) links to third-party Website or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Programa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these Website or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Programa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

Modification

Programa reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Website (or any part thereof), with or without notice. You agree that Programa shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Website.

For questions about these or any Programa terms or policies, email us at team@programa.com.au