Worlddo
Subscription License
IMPORTANT. PLEASE READ.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON
BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND
THE COMPANY TO THE TERMS GOVERNING THE USE OF WORLDDO AND THIS SERVICE
("SERVICE"). THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL
ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE SERVICE. IF YOU
DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS,
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND DO NOT USE THIS SERVICE.
1. Worlddo:
a. worlddo.com Pty Ltd ("worlddo.com") offers to you the use
of Worlddo, a web-based multi-user business software ("Worlddo").
The use of Worlddo is offered as a service to you (the "Service").
Your registration for the Service shall be deemed to be your agreement
with and to abide by the following terms and conditions ("Agreement").
b. worlddo.com is the exclusive owner of
Worlddo. Under this Agreement, worlddo.com will provide you with use
of the Worlddo, including a web browser interface, transmission, access
and storage of data. Under no circumstances may you access and/or download
the Worlddo program or source code for any purpose whatsoever.
c. You are permitted to store, manipulate,
analyse, reformat, print, and display the Content for your internal
business use on Worlddo. Unauthorised use, resale or commercial exploitation
of the Service and/or the Content in any way is prohibited. You shall
not copy, licence, sell, transfer, make available, or distribute Worlddo.
2. Your Worlddo:
a. To access the Service, a user account is required. To open a user
account, you must complete the registration process.
b. You must choose an available name for
your unique worlddo.com subdomain (you.worlddo.com) upon which Worlddo
-- unique to you -- will be installed. If available, worlddo.com will
create the subdomain for you, and install Worlddo upon registration.
c. To access your Worlddo, you must choose
a personal, non-transferable password, and take responsibility for all
user passwords and account security.
3. Payments by You:
a. You can enjoy a thirty (30) day trial period to use Worlddo free
of charge, and an additional 30 day money back guarantee after ordering.
To subscribe to the Service, payment in accordance with worlddo.com's
prescribed fees is required.
b. Upon subscription to the Service, you
will pay all fees or charges to worlddo.com for your account in accordance
with the fee structure in effect at the time a fee is payable.
c. worlddo.com charges and collects in advance
for the Service. worlddo.com will automatically renew and bill your
credit card or issue an invoice to you every month or other agreed billing
period for licence fees. Invoices will be generated at the start of
a licence or billing period and your credit card will be charged simultaneously.
d. You agree to provide worlddo.com with
complete and accurate billing and contact information. This information
includes your legal company name, street address, e-mail address, and
name and telephone number of an authorised billing contact. You agree
to update this information within thirty (30) days of any change to
it. If the contact information you have provided is false or fraudulent,
worlddo.com reserves the right to close your account and terminate your
access to the Service in addition to any other legal remedies.
e. worlddo.com strives to offer as much flexibility
as possible to you as a worlddo.com customer. However, if you are not
complying with the fee structure as set by worlddo.com at any time,
worlddo.com may close your Worlddo account and terminate this Agreement
without notice to you. You will not have any recall for loss of data
or any damages WHATSOEVER that may be incurred as a direct or indirect
result of such action.
f. If you believe that you have been incorrectly
billed by worlddo.com, you must contact us in writing within thirty
(30) days of the date of the invoice with the amount in question.
g. If the Service is terminated during a
billing period, you will be billed for the entire monthly billing period.
You will not be billed on a pro rata basis according to days of the
month used. At least thirty (30) days notice from you to worlddo.com
is required for Service termination.
h. worlddo.com reserves the right to change
the fees, applicable charges and usage policies and to introduce new
charges at any time, upon at least thirty (30) days prior notice to
you, which notice may be provided by e-mail or notification message
after logging into the Service.
4. Your Responsibilities:
a. You are solely responsible for any and all activities that occur
under your account and ensuring that you exit or log-off from your account
at the end of each session of use.
b. You shall notify Worlddo immediately of
any unauthorised use of your password or account or any other breach
of security that is known or suspected by you.
c. You shall also use your best efforts to
stop immediately any copying or distribution of Content that is known
or suspected by you.
e. You shall select a name for your Worlddo
account subdomain that is NOT in any way (i) misleading, (ii) fraudulent,
(iii) offensive, or (iv) in any way inappropriate. If the name chosen
by you for your Worlddo account subdomain is determined by worlddo.com
to be inappropriate FOR ANY REASON your account may be suspended by
worlddo.com without notice to you, and worlddo.com may change the account
name at any time and notify you of any account changes or suspensions
as determined by worlddo.com. You shall have no recourse of action in
this case.
d. PLEASE NOTE that worlddo.com and its licensors
shall not be responsible for (i) any unauthorised access to, or alteration
of, your transmissions or data, or any material, information or data
sent or received, regardless of whether the data is actually received
by worlddo.com, (ii) any transactions entered into through the Service,
or (iii) any failure by you to abide by this Agreement.
e. You shall notify worlddo.com before closing
your Worlddo account, and cancelling your monthly payments. Failure
to do so may make you liable for any damages incurred, direct or indirect.
5. Our Responsibilities:
a. worlddo.com shall create a subdomain
for your Worlddo account, and shall install
Worlddo on your unique subdomained server space exclusively for use
by you.
b. worlddo.com shall endeavour to provide
the Service in a professional manner.
c. Our current service level objectives for
our ASP and serviced Web Hosting Account accounts are as follows (expressed
in GMT -08:00):
| Timeframe |
Uptime Min % |
| Week Days |
99.9% |
| Weekend Days |
99.0% |
| Week Nights |
97.0% |
| Weekend Nights |
95.0% |
d. Where failures and downtimes are
reported and proven by you to go beyond the expected downtime over a
given period, worlddo.com will refund 10% of fees paid by you over that
period for every whole 0.1% downtime reported and proven beyond the
expected downtime.
d. worlddo.com shall provide all software
updates to the Service during the term of this Agreement.
e. worlddo.com shall provide all server
and software maintenance to the Service during the term of this Agreement.
worlddo.com shall endeavour to maintain and fix any
reported errors with your Worlddo account within 72 hours. However,
worlddo.com cannot guarantee that all errors will be remedied at all,
or be remedied within the 72 hour time period.
f. worlddo.com shall provide data back
up during the term of this Agreement. You also agree to back up your
data on a regular basis using the back up functionality built into the
Service. Please note that if worlddo.com should fail to back up data
in your Worlddo account at any time, worlddo.com will not be held responsible
in anyway for any resulting loss or damages incurred to you.
6. Account Information & Data:
a. worlddo.com does not own any data, information or material that you
submit to the Service ("Data"), unless we specifically tell you otherwise
before you submit it.
b. worlddo.com will not monitor, edit, or
disclose any information regarding you or your account, including any
Data, without your prior permission except in accordance with this Agreement
or as may be required by law.
c. Please be aware that worlddo.com does
provide certain user registration and statistical information such as
usage or user traffic patterns in aggregate form to third parties, but
such information will not include personally identifying information
and your IP address will not be transmitted with messages sent from
your Worlddo account.
d. worlddo.com may access your account, including
its Data, to respond to service or technical problems or as stated in
this Agreement. You, not worlddo.com, shall have sole responsibility
for the accuracy, quality, integrity, legality, reliability, appropriateness
and copyright of all Data, and worlddo.com shall not be responsible
or liable for the deletion, correction, destruction, damage, loss or
failure to store any Data.
7. Use, Storage & Other Limitations:
a. worlddo.com may set maximum disk storage space and data transfer
limitations for your account at any time without notice.
b. If the amount of disk storage or data
transfer required for your account exceeds any limit set, you will be
charged at the then-current price for additional storage or data transfer.
You will be responsible for any additional storage charges.
c. worlddo.com reserves the right to establish
or modify general practices and limits concerning use of the Service,
including without limitation the maximum number of days that Content
will be retained by the Service and the maximum disk space and data
transfer limitations that will be allotted on worlddo.com's servers
on your behalf.
8. User Conduct:
You agree to abide by all applicable local, state, national and foreign
laws, treaties and regulations in connection with the Service. In addition,
without limitation, you agree NOT to use the Service to:
(a) send unsolicited or unauthorised email,
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited messages,
whether commercial or otherwise (SPAM);
(b) copy, reverse engineer, or save to file
any functionality contained in the Service for any purpose whatsoever.
BEWARE: worlddo.com technology allows for tracking of such events as
downloading pages and files, and offenders may be prosecuted to the
full extent of the law.
(c) harvest, collect, gather or assemble
information or data regarding other users, including e-mail addresses,
without their consent;
(d) transmit through or post on the Service
unlawful, immoral, libellous, abusive, harassing, tortuous, defamatory,
threatening, harmful, invasive of another's privacy, vulgar, obscene
or otherwise objectionable material of any kind or nature or which is
harmful to minors in any way;
(e) transmit any material that may infringe
the intellectual property rights or other proprietary rights of third
parties, including trademark, copyright or right of publicity;
(f) transmit any material that contains software
viruses or other harmful or deleterious computer code, files or programs
such as trojan horses, worms, time bombs or cancelbots;
(g) interfere with or disrupt the integrity
of any data or computer-based information or any servers or networks
connected to the Service or violate the regulations, policies or procedures
of such networks;
(h) attempt to gain unauthorised access to
the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means; or
(i) harass or interfere with another user's
use and enjoyment of the Service.
9. Termination:
a. This Agreement is automatically renewable monthly.
b. Either you or worlddo.com can request
termination of this Agreement at any time prior to the commencement
of the next billing period. Either party may terminate this Agreement
by notifying the other party in writing (by email). You will be billed
for the current billing period, and no pro-rata refund will be given.
c. worlddo.com in its sole discretion may
terminate your password, account, data or use of the Service if you
breach or otherwise fail to comply with this Agreement.
d. worlddo.com reserves the right to withhold,
remove and/or discard and delete your Worlddo account data without notice
upon termination for any reason, whether by you or by worlddo.com, including,
without limitation, your non-payment. Upon termination for cause, your
right to access or use data immediately ceases, and worlddo.com shall
have no obligation to maintain any data stored in your Worlddo account
or to forward any data to you or any third-party.
e. At least thirty (30) days notice from
you to worlddo.com is required for Service termination.
10. Cookies:
Cookies are files that your web browser places on your computer's hard
drive and are used to tell us whether you have visited the Service previously.
worlddo.com uses a persistent cookie to help save and retrieve usernames
used on the Service. Worlddo issues a session cookie only to record
encrypted authentication information for the duration of a specific
session. The session cookie does not include the username or password
of the user.
11. Proprietary Rights:
Except for the licences granted herein,
you have no right, title or interest in or to Worlddo, the Service or
any Content of Worlddo or its licensors, including, without limitation,
documentation, stories, articles, text, images, and other multimedia
data and all such right, title and interest shall remain exclusively
with worlddo.com and its licensors, as applicable. Worlddo is a registered
trademark of worlddo.com. The names of other companies and products
mentioned herein may be the trademarks of their respective owners.
12. Indemnification:
a. You shall indemnify and hold worlddo.com,
its licensors and each such party's parent organisations, subsidiaries,
affiliates, officers, directors, employees, attorneys and agents harmless
from and against any and all claims, costs, damages, losses, liabilities
and expenses (including attorneys' fees and costs) arising out of or
in connection with any unauthorised or improper use of the Service or
Content or any breach of this Agreement by you.
13. Warranties:
a. WORLDDO.COM WARRANTS THAT THE SERVICE
PROVIDED WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONS
AS SEEN IN THE FREE TRIAL FOR THE SERVICE OFFERED ON THE WORLDDO.COM
WEB SITE.
b. EXCEPT AS PROVIDED IN SUBSECTION (a) ABOVE:
(I) WORLDDO.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY,
OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY
CONTENT;
(II) WORLDDO.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT
(A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA,
(B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED OR BACKED UP DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS,
(E) ERRORS OR DEFECTS WILL BE CORRECTED, OR
(F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN
"AS IS" BASIS; AND
(IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WORLDDO.COM AND ITS
LICENSORS.
14. Limitation of Liability:
a. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE
LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN
THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS
BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING
OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT
LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT
OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES
ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN NO EVENT SHALL WORLDDO.COM OR ITS LICENSORS
BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING
LOST PROFITS) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT
OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL
OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION,
INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
15. Submissions:
worlddo.com alone will own all right, title
and interest, including all related intellectual property rights, to
any suggestions, ideas, feedback, recommendations, or other information
provided by you relating to the Service ("Submissions"), and you agree
to assign such Submissions to worlddo.com free of charge. worlddo.com
may use such Submissions as it deems appropriate in its sole discretion.
16. Notice:
a. worlddo.com may give notice by means
of a general notice on the Service, electronic mail to your e-mail address
on record in worlddo.com 's account information, or by written communication
sent by first class mail or pre-paid post to your address on record
in worlddo.com 's account information. Such notice shall be deemed to
have been given upon the expiration of 48 hours after mailing or posting
(if sent by first class mail or pre-paid post) or 12 hours after sending
(if sent by email).
b. You may give notice to worlddo.com (such
notice shall be deemed given when received by worlddo.com ) at any time
by any of the following: letter sent by confirmed facsimile to worlddo.com
at the following fax numbers (whichever is appropriate): (+61-7) 32178014;
letter delivered by first class postage prepaid mail to worlddo.com
at the following addresses (whichever is appropriate): worlddo.com Pty
Ltd, 4/61 Indooroopilly Rd, Taringa, QLD, Australia, 4068.
17. Modification to Terms:
a. worlddo.com reserves the right to change
the price, terms and conditions of this Agreement or its policies relating
to the Service at any time and shall notify you by posting an updated
version of this Agreement on the Web Site. You are responsible for regularly
reviewing this Agreement. Continued use of the Service after any such
changes shall constitute your consent to such changes.
b. Particularly as to pricing and numbers
of users, worlddo.com reserves the right to change the price and numbers
of users per account of the Service at any time, in its sole discretion,
effective from the next billing period for you. No notice needs to be
given to you regarding the price increase for the Service, unless the
price increase proposed is so unreasonable as to warrant notice being
given.
18. Assignability:
This Agreement may be assigned by you without
the prior written approval of worlddo.com.
19. Beneficiaries:
The rights and limitations in this Agreement
are also for the benefit of Worlddo's licensors each of whom shall have
the right to enforce its rights hereunder directly and on its own behalf.
20. General:
a. With respect to all customers, this Agreement
shall be governed by the laws of the State of Queensland, Australia,
without regard to the choice or conflicts of law provisions of any jurisdiction,
and any disputes, actions, claims or causes of action arising out of
or in connection with this Agreement.
b. No text or information set forth on any
other purchase order, preprinted form or document (other than an Order
Form, if applicable) shall add to or vary the terms and conditions of
this Agreement. If any provision of this Agreement is held by a court
of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect. No joint venture, partnership,
employment, or agency relationship exists between you and Worlddo as
a result of this agreement or use of the Service. The failure of worlddo.com
to enforce any right or provision in this Agreement shall not constitute
a waiver of such right or provision unless acknowledged and agreed to
by worlddo.com in writing. This Agreement, together with any applicable
Order Form, comprises the entire agreement between you and Worlddo and
supersedes all prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between the parties regarding the
subject matter contained herein.
Questions or Additional Information: If you
have questions regarding this Agreement or wish to obtain additional
information, please send an e-mail to legal@worlddo.com.
