Last updated on 14th May 2021
(Platformer Cloud Pty Ltd - ABN: 68-608-425-976 )
In this Agreement:
This is a legally binding agreement between you (you or your) and Platformer Cloud Pty Ltd (we, us or our).
As consideration for the Services, you agree to pay Platformer Cloud the applicable Service(s) Fees at the time of invoice.
This Agreement will start on the Commencement Date (date you register by accepting this Agreement) and continues for the Term. This Agreement will automatically renew for further successive terms of 30 days, unless terminated in accordance with this Agreement.
You acknowledge that the Services offered by us are constantly evolving; therefore, you agree that Platformer Cloud may modify this Agreement, or any other related and/or applicable agreement, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our Website. Your continued use of our Services will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your Service be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
You agree that you shall only use the Website and Services for legal purposes and shall not use either to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Platformer Cloud in its discretion.
In order for us to provide our Services and/or additional Services you must sign-up with Platformer Cloud via https://beta.console.platformer.com/signup or using the sign-up links available on our main website https://www.platformer.com. In order to change any of your account information with us, you must use the account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorised use. In no event shall we be liable for the unauthorised use or misuse of your account identifier or password.
You agree that your sign-up with Platformer Cloud shall be subject to suspension or cancellation: (i) until outstanding payments are paid in full; (ii) during payment disputes; (iii) during security breach; (iv) to correct mistakes by us; or (v) for the resolution of disputes concerning your registration.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
You indemnify, defend and hold us harmless against all loss, damage, claims, liabilities, costs and expenses (including legal fees) arising from, or in connection with:
We exclude liability for:
Without limiting any remedies available to us under this Agreement or at law, we may suspend the Services and/or terminate this Agreement with notice to you if:
You may terminate this Agreement at any time by sending a cancellation request to us at [email protected], subject to the following terms:
if we do not receive your cancellation request at least 5 Business Days prior to the end of the then current Term:
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within fifteen (15) calendar days of the date of such notice, you fail to provide evidence which is reasonably satisfactory to us that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your account with Platformer Cloud and related products/services. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) your name, postal address, e-mail address, and voice and fax (if available) telephone numbers; of the billing contact for the primary account holder.
We will not disclose your registration information to any third party without your prior consent. (a) We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. (b) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorised disclosure, alteration or destruction of that information.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Platformer Cloud must be sent to [email protected] with the subject heading “Attention: Legal Matters”. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Australian EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Platformer Cloud shall be sent to: Platformer Cloud Pty Ltd, 162 Balwyn Road, Balwyn Melbourne VIC 3103, Australia Attention: Legal Matters
You agree that this Agreement, the applicable dispute policy and the rules and policies published by Platformer Cloud are the complete and exclusive agreement between you and us regarding our Services.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of state of Victoria and the federal laws of Australia applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Melbourne, Victoria and you irrevocably consent to the jurisdiction of such courts.
You attest that you are of legal age to enter into this Agreement.
You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
You agree to indemnify and hold harmless us, our parent company, our Related Bodies Corporate as defined in the Corporations Act 2001 (Cth) and their respective directors, officers, employees, contractors, licensors and agents against any loss, damage, claim, proceeding, liability and cost (including legal costs on an indemnity basis) suffered or incurred in connection with a claim against any of them by a third party (including any end user) arising out of or relating in any way to: (i) your or any end user’s use of the Services; (ii) any content, data or other materials stored, transmitted, accessed, downloaded or used by you or any end user via the Services (including where such materials are alleged to infringe any intellectual property or other rights); (iii) any breach of this Agreement or any of our policies including the acceptable use policy; or (iv) any breach of applicable laws.
You expressly understand and agree that your access to and use of the Services is at your sole risk and that the Services are provided “as is” and “as available”. Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, non-infringement or timeliness. If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and Platformer Cloud (whether based in legislation, the common law or otherwise) and cannot be excluded (a non-excludable term), and we are able to limit your remedy for a breach of such a non-excludable term, then our liability for such a breach of the non-excludable term is limited to one or more of the following at our option:
This Agreement is divisible and separable so that if any provision or provisions hereof shall be held to be invalid, such holding shall not impair the remaining provisions hereof. If any provision hereof is held to be too broad to be enforced, such provision shall be construed to create an obligation to the full extent allowable by law.
Definition of Service Availability
"Service Availability" describes the availability of:
Service Level inclusions and exclusions
The Service Level does not apply to:
To claim a Service Credit, you must email us at [email protected] within 30 days of the Service Level Failure and provide the following details:
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the Service and are not relying on any representation agreement, guarantee or statement other than as set forth in this Agreement.
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