EXTENSIONS TERMS OF SERVICES
These terms and conditions (“Terms and Conditions”) regulate the business relationship between you and us. By using our OscilloSoft website (“Website”), our extensions (“Extensions”) and our services (“Services”) in any way, or by buying from us, you agree to be bound by them.
At the time of purchasing our Extensions, the Customer must be of 18 years and above. By subscribing to any of the Extensions, the Customer acknowledges that it has read, agreed and will comply with this Terms and Conditions;
We are: OscilloSoft Pty Ltd, ABN 67123884328, located at Unit 3, 62 Owen Street, Glendenning, NSW 2761
You are: a visitor to our Website / our customer
The Terms and Conditions are as follows:
1. DEFINITIONS
| “Our Website” means the entire computing hardware and software installation that is or supports the OscilloSoft website. |
| “Extensions” means any installable entities or ready-to-use integrations that let you do more with your business application by connecting two applications without you having to write a single line of code. They provide feature enhancements, integration with other apps. and many other special capabilities. |
| “Services” means any of the services we offer for sale or for free on our Extensions and include generally available updates and support services so far as specified for each service. |
| “Subscription” means the offer for Extensions when the Customer commits in advance to purchase a specific extension for use during a particular period of time. Customer pays in advance for the extension on a periodic basis during the pre-agreed period of time in accordance with the terms of this Terms and Conditions. |
| “Content” means any material in any form published on Our Website by us. |
| “Material” means Content of any sort posted by you on Our Website |
2. OUR CONTRACT WITH YOU
| These terms and conditions apply: | |
| 1. | So far as the context allows, to you as a visitor to Our Website; and |
| 2. | in any event to you as a buyer or prospective buyer of our Extensions and Services. |
| 3. | We shall accept your registration electronically via our website. That is when our contract is made. You will also receive an email message to confirm the details of your registration and/or purchase and tell you when we shall be ready to provision your accounts. |
| 4. | Unfortunately, we cannot guarantee that every extension advertised on Our Website is available. If at any time a service becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available. |
| 5. | We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you purchase the extension. |
| 6. | If in future, you buy extensions from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied. |
3. YOUR ACCOUNT WITH US
| 1. | You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you the extension and any future services. |
| 2. | Once you register with OscilloSoft you’ll be automatically subscribed to our newsletter. Please let us know if you do not wish to be subscribed to the newsletter. |
4. Price, payment, and service and Subscription provision
| 1. | Upon expiration of your Subscription, we will automatically renew your Subscription at the then-current rates, unless the Subscription is cancelled or terminated in accordance with this Terms and Conditions. If you are on an annual Subscription plan, at the end of your annual Subscription, we will automatically renew your Services on a monthly Subscription plan at the then-current rates, unless the Subscription is cancelled or terminated in accordance with this Terms and Conditions. If you have signed up for an annual Subscription, we will provide you notice of such upcoming automatic renewal of your Subscription plan between 30 days prior to the end of your applicable annual Subscription plan term. |
| 2. | It is possible that the price for Services you have subscribed to may be subject to increase from the date you purchased your Subscription(s). If that happens, we will notify you of the anticipated price increase to go into effect at the start of the next renewal term, and we will not provide the extensions for the next renewal term until you have confirmed that you wish to continue your Subscription at the new price. |
| 3. | You agree to pay the periodical charge for the extensions from a credit card, information for which you have or will have supplied to us. You authorise us to arrange withdrawal of funds on this card for the applicable fees and taxes regularly at the due date before the next period starts, in accordance with this Terms and Conditions. |
| 4. | Payments are non-refundable, and there are no credits or rebates for partially used or unused Subscription periods. |
| 5. | Our Services will be provided via our website or through email by contacting us at support@oscillosoft.com.au. |
| 6. | To avoid additional Subscription charges at the end of your Subscription term, you may cancel your Subscription at any time during the term by contacting us via email at support@oscillosoft.com.au. You must cancel your Subscription before the end of the Subscription term to avoid automatic renewal of your extensions. If you purchased extensions from a third party, please contact the third party directly to cancel the extensions. |
| 7. | We may change the nature of extensions at any time. We may tell you about any such change by email or by posting details on Our Website. We also reserve the right to elect not to renew any or all of your Subscription plans prior to the start of a new Subscription period with written notice to you. |
| 8. | If we change the nature of extensions, you may terminate this Terms and Conditions. |
| 9. | If a change we make in the extensions, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice. |
| 10. | In the event that we are unable to charge your chosen payment method in accordance with this Terms and Conditions, we may terminate this agreement and your access to the extension, including any purchased Subscription plan, immediately without notice. |
| 11. | You may not share or allow others to use the extension in your name. |
| 12. | We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption in using the extensions for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance. |
5. Foreign taxes, duties and import restrictions
| 1. | If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country. |
| 2. | GST will not be applied should you purchase our services |
6. Dissatisfaction with the Extensions
| 1. | Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Extensions, please tell us at the earliest opportunity: (a) exactly why you think we have failed; (b) the date, if relevant, of the failure; (c) when and how you discovered the failure; (d) the result of the failure; (e) your suggestion as to action we should take to resolve the situation and restore your faith in us. |
| 2. | To do this, it is essential that you contact us by email at support@oscillosoft.com.au and provide as much details about the issue as possible. |
7. DISCLAIMERS
| 1. | We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the extensions, at any time and without advance notice. |
| 2. | You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find. |
| 3. | We give no warranty and make no representation, express or implied, as to: (a) the adequacy or appropriateness of the extensions for your purpose. (b) the truth of any Content on Our Website; (c) any implied warranty or condition as to merchantability or fitness of the extensions for a particular purpose; (d) compatibility of Our Website with your equipment, software or telecommunications connection. (e) compliance with any law; (f) non-infringement of any right. |
| 4. | Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website. |
| 5. | We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services. |
| 6. | In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased. |
8. Content and Intellectual Property Rights
| 1. | We will defend the intellectual property rights in connection with our extensions and Our Website, including copyright in the Content whether provided by us (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). |
| 2. | We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us. |
| 3. | Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. |
| 4. | You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person. |
| 5. | Subject to the other terms of this Terms and Conditions, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content. |
9. YOUR EMAIL ADDRESS
| 1. | You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. |
| 2. | You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection. |
| 3. | You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address. |
10. SYSTEM SECURITY
| 1. | You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website. |
| 2. | You may not use any software tool for the purpose of extracting data from Our Website. |
| 3. | You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. |
11. INDEMNITY
| 1. | You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. |
12. MISCELLANEOUS PROVISIONS
| 1. | When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. |
| 2. | Nothing in this Terms and Conditions or on Our Website shall confer on any third party any benefit or obligation. |
| 3. | If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. |
| 4. | No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. |
| 5. | In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. |
| 6. | We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees. |
| 7. | This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. |
Privacy Policy for Extensions
This Policy
OscilloSoft Pty Ltd (“OscilloSoft”, “we”, “us” and/or “our”) is fully committed to the responsible use of your “Personal Data” (i.e. any identifiable data) and the protection of your privacy. This policy explains to you (“you” or “user”) how OscilloSoft collects, stores, uses and shares Personal Data. This policy is addressed to individuals outside our organization with whom we interact, including visitors to our website, https://www.oscillosoft.com.au (our “Website”) and other users of our extensions (or plugins) and services (together, “you”).
Third-Party Service Integration
Our Service allows you to integrate and create commands for various online third-party services (“Third-Party Services”). In order to take advantage of this feature, you may need to authenticate, register for or log into Third-Party Services through the Service or on the websites of their respective providers. When you enable linking between or log in to Third-Party Services through the Service, we will collect relevant information necessary to enable the Service to access that Third-Party Service and your data and content contained within that Third-Party Service (“Login Credentials”). We store your Login Credentials long enough to enable linking to the Third-Party Service.
When you enable the Service to link content and data between Third-Party Services, the Third-Party Services will provide us with access to certain information that you may have provided to the Third-Party Services, and we will use, store and disclose such information in accordance with this Privacy Policy and the rules you set to govern the linking. In addition, you can use the Service to share content and Personal Data amongst the Third-Party Services you integrate with the Service. Please remember that the manner in which Third-Party Services use, store and disclose your information is governed by the policies of such Third-Party Services, and OscilloSoft shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Services that may be enabled within the Service.
We may retain certain personally non-identifiable information related to the data or content linked between Third-Party Services (for example, date sent, link configuration, names of the Third-Party Services), for the purpose of improving our Services and as described below in the “Aggregated Personal Data” section.
Third-Party Payment Processor
We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor, whose use of your personal information is governed by their privacy policy.
Information We Collect
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the OscilloSoft Services or use certain OscilloSoft Services. Wherever OscilloSoft collects Personal Data we make an effort to provide a link to this Privacy Policy. You can choose at any time to opt out by contacting us at support@oscillosoft.com.au, you can also contact us to opt out of your information being used for purposes other than it was originally collected.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of OscilloSoft and the authorized third parties referred to herein located in Australia. The Personal Information that you provide can be accessed at any time by contacting us at support@oscillosoft.com.au.
Cookies: In operating the Services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Services’ features.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the OscilloSoft Services, OscilloSoft often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. This aggregate information does not identify you personally. OscilloSoft may also disclose aggregated user statistics in order to describe our services to current and prospective business customers, and to other third parties for other lawful purposes.
We will keep any information that you provide to us until such time as you delete your account with the OscilloSoft Service.
Our Use of Your Personal Data and Other Information
OscilloSoft will not sell or rent to any third party any of the personal information or data that you provide to us. OscilloSoft uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the OscilloSoft Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. OscilloSoft may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the OscilloSoft Services. OscilloSoft may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
If OscilloSoft intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
Our Disclosure of Your Personal Data and Other Information
You can visit the Services without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain OscilloSoft Services.
OscilloSoft is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Legal Requirements: OscilloSoft may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of OscilloSoft, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Professional Services: OscilloSoft may disclose your Personal Data to accountants, auditors, lawyers and other outside professional advisors to OscilloSoft, subject to obligations of confidentiality;
Exclusions
This Privacy Policy does not apply to any Personal Data collected by OscilloSoft other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to OscilloSoft through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and OscilloSoft shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Minors
OscilloSoft does not knowingly collect Personal Data from minors under the age of 18. If you are under the age of 18, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their minor’s Internet usage and to help enforce our Privacy Policy by instructing their minors never to provide Personal Data on the Services without their permission. If you have reason to believe that a minor under the age of 18 has provided Personal Data to OscilloSoft through the Services, please contact us, and we will endeavor to delete that information from our databases.
Links to Other Websites
Security
OscilloSoft takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to OscilloSoft via the Internet.
Changes to OscilloSoft's Privacy Policy
The Services and our business may change from time to time. As a result, at times it may be necessary for OscilloSoft to make changes to this Privacy Policy. OscilloSoft reserves the right to update or modify this Privacy Policy at any time and from time to time. If we do this, we will post the changes to this Privacy Policy on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you through an email notification or through other reasonable means. Please review this policy periodically, and especially before you provide any Personal Data. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Privacy Policy.
Contacting OscilloSoft
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services. Please also feel free to contact us if you have any questions about OscilloSoft’s Privacy Policy or the information practices of the Services.
All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in New South Wales, Australia and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
You may contact us as follows: support@oscillosoft.com.au