PIMdrop terms of use

These terms of use (“Terms”) set out the terms and conditions for your use of the Software Services offered by Future Business Systems Pty Ltd referred to herein

as “we” or “Future Business Systems Systems”, “FBS” or “PIMdrop”. The person or organisation entering into these Terms as a user of PIMdrop, together with all individual users accessing PIMdrop on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these Terms. PIMdrop grants you a limited, non-exclusive, non-transferable, revocable licence to use PIMdrop

(subject to your account type) in accordance with these Terms.

In these Terms, “PIMdrop” means Future Business Systems’ Product Information Management products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including pimdrop.com (“The Site”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE PIMDROP SOFTWARE PRIVACY STATEMENT, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Amendments

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

From time to time, we may add, make changes to or remove altogether features or functionality of PIMdrop. We may also decide to cease providing all or some of the PIMdrop services at any time, and nothing in these Terms is to be taken as a guarantee that PIMdrop will always be available, either in its current form or at all, or that we will support, maintain or continue to offer PIMdrop, or any version of them.

PIMdrop Software Privacy Statement

Your use of this Site signifies your continuing consent to the Future Business System’s Privacy Statement, which you can examine any time by clicking on the “Privacy” link on the Site. Personal information that you supply Future Business Systems and any information about your use of PIMdrop that we obtain will be subject to Future Business System’s Privacy Statement on this Site.

Cancellation of accounts

We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of PIMdrop.

Disclaimer of Warranties

We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption.

Our liability is limited

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages.

It will hold harmless and indemnify Future Business Systems and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of PIMdrop or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal representative fees.

No malicious or illegal use

You must not: (a) use PIMdrop in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of PIMdrop; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of PIMdrop; (d) use PIMdrop in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from PIMdrop or our systems or attempt to decipher any transmissions to or from the servers running PIMdrop; (f) disclose or distribute information relating to another User of PIMdop to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or (g) access or register User logins via bots or other automated methods.

International Use

We make no representation that content on this Site is appropriate or available for use in locations outside of Australia. If you choose to access this Site from a location outside of Australia, you do so on your own initiative and you are responsible for compliance with local laws.

Reasonable use policy

You agree to use PIMdrop in a reasonable way. If we determine that your use of PIMdrop is not reasonable or that your use is causing degraded performance of PIMdrop for you or for other Users, we may impose limits on your use of PIMdrop. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

Intellectual property

You agree that Future Business Systems owns all of the intellectual property rights existing in PIMdrop. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use PIMdrop brand, branding or logos except with Future Business System’s prior written consent.

You grant Future Business System’s a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by Future Business System’s through your use PIMdrop, provided that we aggregate or anonymise that information or data before using it. Other than this right, Future Business Systems claims no intellectual property rights in relation to the information or content you input into PIMdrop.

You may provide us with comments, feedback or suggestions on PIMdrop, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

Third Party Sites

PIMdrop may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. We are also not responsible for any transactions or dealings between you and any third party. You agree that Future Business System’s is not responsible for any claim or loss due to a third-party site.

General

This Agreement will be governed by and construed according to the law of Australia. The courts located in Australia shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If any provision of these Terms and Conditions is found invalid or unenforceable by any Australia court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. These Terms and Conditions constitute the entire understanding and agreement between Future Business System’s and you and supercedes any and all prior understandings and/or agreements between the parties in relation to the Service. No purported waiver by Future Business System of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorised representative of Future Business Systems. No change, amendment or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.