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User Terms

business vaccination management system

Governing document
Vax Central offers the Software and Services to eligible Users on the condition that the User reads the terms set out in this document (User Terms) and agrees to be bound by its terms. A User is considered to have accepted these User Terms when the User does any of the following:

A User’s eligibility is subject to being granted access by a Customer who creates a User Account for the User.  The User’s access to the Software and Services may be withdrawn or restricted at any time, including if:

Accounts
Each User Account is linked to a specific User and may not be used by any other person.
Each User must ensure that its User Account is protected at all times from misuse or any form of unauthorised use or access.  The User shall be responsible for the use, supervision, management and control of its User Account, including all activities that occur under the User Account with access to the relevant login details.  The User must notify its authorising Customer immediately if the User believes an unauthorised third party may be using or attempting to use its User Accounts. Vax Central is not responsible for unauthorised access to a User Account.

Licensed Material Including Software
Vax Central grants the User a limited, non-exclusive, non-transferable licence to access and use Licenced Material for the Term, solely for the Permitted Purpose and in accordance with these User Terms.
A User may only access the Software using the allocated User Account.
Users must follow any instructions or directions given by Vax Central or within the Software or Documentation in relation to the use of the Software.
Use of the Software may require an internet connection. Users will be responsible for all internet connection costs.
Users may be required to install the Software, or parts of it, on your hardware in order to utilise the Software. Users should check the Documentation to determine whether the Software will be compatible with the hardware it intends to use the Software on.
The User must not:

The User shall notify Vax Central immediately if the User becomes aware of any unauthorised use of the whole or part of the Software by any person.

Third-party software
In order to obtain, install, update, access, use, or continue to access or use the Software and Services, the User may also be required to update third-party software (such as the operating system and web browser) on the Device.  The User acknowledges and agrees that:

Any Bundled Software provided by Vax Central is generally subject to a licence from the third-party manufacturer.  In the absence of a discrete licence from the manufacturer to the User:

Updates
Vax Central may, at its discretion:

Vax Central:

The terms of these User Terms will govern any Updates, unless such an Update is accompanied by a separate licence supplied by Vax Central, in which case the terms of that licence will govern to the extent provided for.
Unless otherwise agreed in writing, Vax Central will not be obliged to support the Software or the Service, whether by providing advice, training, error-correction, Updates or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Software or the Service by the Customer or any User.

User Interaction
The Software and/or Services may enable the User to communicate with other users, or to post materials that may be made available publicly or to specific Users.
The User acknowledges and agrees that:

Privacy
The Vax Central undertakes to comply with the terms of its Privacy Policy, which can be viewed at http://www.vaxcentral.com/au/privacy-policy/.
In addition to the uses of information set out in Vax Central’s Privacy Policy, and notwithstanding anything to the contrary in this Agreement, Vax Central may:

Intellectual Property

Effective date and termination
The licences granted under these User Terms are effective on the date the User enters into these User Terms, and will remain in force until terminated in accordance with its terms.
The User may terminate these User Terms by deleting its User Account and discontinuing use of the Software and Services.
Vax Central may terminate these User Terms or suspend the User’s access to the Software and Services immediately if:

Termination pursuant to this clause 9 will not affect any rights or remedies which either party may have otherwise under these User Terms or at law.

Acknowledgement and warranties
The User acknowledges that:

Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, Vax Central will not be liable for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of these User Terms or arising out of the supply of defective Software or Services.
Without limiting clause 10.2, to the full extent permitted by applicable law, Vax Central’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Vax Central, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at Vax Central’s option):

Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, Vax Central’s maximum aggregate liability to the User for any losses it incur or claims it makes against us is limited to $10.
The User acknowledges that it has not relied on any representation made by Vax Central which has not been stated expressly in these User Terms.
The User will indemnify and keep indemnified Vax Central, its successors in title, their Related Bodies Corporate and their respective officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any action, claim, demand, suit, action or proceeding whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future, where such loss or liability arose from:

Vax Central is entitled to enforce any indemnity as trustee on behalf of those indemnified.

General
Vax Central may assign these User Terms at any time. The User may assign these User Terms only with the prior written consent of Vax Central, which consent shall not be unreasonably withheld.
Vax Central may subcontract any of its obligations under these User Terms to any person and may permit any of its rights under this Agreement to be exercised by its Related Bodies Corporate. Vax Central holds the benefit of this Agreement on trust for any of its Related Bodies Corporate.
The failure or delay by a party to exercise any right under these User Terms will not be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release any other party from strict compliance in the future with the same or any other obligation.  
These User Terms is governed by and is to be construed under the laws in force in the State of Victoria, Australia.  Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these User Terms. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
If a provision in these User Terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this document for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these User Terms.
All clauses survive termination of these User Terms.

Definitions and interpretation clauses
In these User Terms: