TERMS OF USE

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY AS THEY GOVERN YOUR USE OF THIS WEBSITE AND OFFERINGS. BY ACCESSING THE WEBSITE AND OFFERINGS, YOU AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY.

THIS WEBSITE AND OFFERINGS ARE FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL ON THIS WEBSITE AND OFFERINGS IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT THAT IS SPECIFIC TO YOUR NEEDS. YOUR USE OF THE WEBSITE AND OFFERINGS, AND YOUR RELIANCE ON ITS CONTENT, IS ENTIRELY AT YOUR OWN RISK.

 

If you think you may have a medical emergency, call 000 and seek emergency care.

 

INTRODUCTION

TheCloudGP (“We”, “Us”, “our”, “Company”, “TheCloudGP”) owns and operates the TheCloudGP website (the “Website”) with all online programs (the “Programs”) and associated (online and offline) resources and materials (the “Resources”) provided through the Website and our third-party online course creation platform (the “Platform”) (collectively, the “Offerings”). 

These Terms of Use (“Terms of Use”), together with the Privacy Policy and any other documents that expressly incorporate the Terms of Use, set forth the terms and conditions upon which you may access and use the Website and Offerings. References in these Terms of Use to “you” or “your” refer to you and any person or entity on whose behalf you act, if any.

Please read the Terms of Use carefully before you start to access and use the Website and Offerings. You must exercise caution, good sense and sound judgement in using the Website and Offerings.

TheCloudGP may own or operate mobile phone applications currently or in the future (collectively, the “App”), which will be subject to specific Terms of Use that are listed below in the Supplements and Additional Notices section, where applicable.

 

SCOPE OF TERMS

These Terms of Use and the Privacy Policy are applicable to the Website and all Offerings, including Paid Offerings, provided by the TheCloudGP.

 

AGREEMENT AND ACKNOWLEDGEMENT

By accessing and/or using the Website and Offerings, you accept both these Terms of Use and the Privacy Policy, and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.

If you do not understand these Terms of Use or do not agree to these Terms of Use, do not use the Website and Offerings.

Limited Licence

You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Website and Offerings per these Terms of Use and the Privacy Policy.

TheCloudGP may terminate this license at any time for any reason.​

Certain Resources and Offerings require registering to a mail list (as described below)

Notwithstanding the license in this section, you may need to additionally purchase access to, and use of, Paid Offerings (as described below)

Prohibited Use

As a condition of your use of the Website and Offerings, you will not use the Website and Offerings for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You are prohibited from violating, or attempting to violate, the security or availability of the Website and Offerings.

In using the Website and Offerings, you agree NOT to:

a. circumvent or attempt to circumvent any security measures of the Website and Offerings;

b. attempt to obtain personal information, or collect information about users of the Website and Offerings;

c. interfere with the operation of the Website and Offerings or any user’s enjoyment of the Website and Offerings, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) interfering with or disrupting any network, equipment, or server;

d. post, upload, or distribute any content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

e. manipulate, amend, copy, frame or otherwise display the Website and Offerings, or its contents, in part or whole, without prior written approval from TheCloudGP; or

f. violate any applicable laws or regulations or these Terms of Use.

 

HEALTH INFORMATION DISCLAIMERS

No Medical Advice

The information presented on or through the Website and Offerings is made available to you solely for general informational and educational purposes only. Whilst we take care to ensure the accuracy of all content on or available through this Website and Offerings, to the extent permitted by law, we assume no legal liability for and do not warrant that the information contained on this Website and Offerings is accurate, complete, free from errors or suitable for your needs. Any reliance you place on such information is strictly at your own risk. 

The Website and Offerings may provide information about health and wellness and certain health conditions. However, the Website and Offerings should not be construed as providing any kind of medical advice or recommendation and should not be relied on as the basis for any clinical decision or action, or lack thereof. You should not use the information contained on the Website and Offerings for diagnosing a health problem or disease.

Further, you agree that:

a. if you are in need of or are seeking medical treatment or emergency care, you should contact your healthcare provider or call emergency services immediately;

b. TheCloudGP does not provide medical treatment, advice or diagnosis, and is not a healthcare provider;

c. TheCloudGP is not and does not provide emergency services, and may not contact you or anyone on your behalf with respect to your medical condition or treatment;

d. the Website and Offerings are provided to you as a “self-help” service, where your use of the Website and Offerings will not be monitored or reviewed by a healthcare provider, and where we are not required to follow up with you, outside the automated interactivity of the Website and Offerings, regarding your care or mental health;

e. information provided by TheCloudGP through its Website and Offerings is for information purposes only and is not intended to replace the relationship between you and your healthcare provider(s);

f. medical advice should always be sought from a licensed, qualified healthcare provider; and

g. you should never disregard advice and/or delay seeking advice or assessment from healthcare provider(s) because of something you have read or received from the

Website and Offerings.

We disclaim all liability and responsibility arising from any reliance placed by you, on information provided by the Website and Offerings.

Resources including Self-Assessment Tools and Surveys

Resources including self-assessment tools and surveys available through our Website or Platform are not intended to be a substitute for professional clinical advice.

While the results from self-assessment tools and surveys may assist you, please check them with your healthcare professional and seek advice in relation to your individual health needs. Your results are not collected by TheCloudGP, or sent anywhere else, as per our Privacy Policy.

Where appropriate, the Resources are based on validated clinical tools and evidence. However, TheCloudGP does not guarantee the accuracy, suitability or reliability of the Resources for your specific needs. Where practical, TheCloudGP will acknowledge the source of the Resources. We encourage you to consult the source(s) to confirm and clarify any relevant information.

Programs

Programs are self-help education or training courses, including content, associated tools and tests, designed to help users prevent and manage symptoms of depression and anxiety, which are intended to be undertaken via the Platform. Programs are not intended to be a substitute for professional clinical advice.

TheCloudGP provides you with an opportunity to browse via our Website and purchase available, individual Programs via the Platform, as a Paid Offering (as described below).

If you opt to undertake Program(s), you agree to the following conduct: When using the Programs, you are responsible for:

a. engaging in relevant and timely consultation and follow-up with healthcare providers;

and

b. completing the Programs within the allocated time period. 

Links to Other Materials or Sites

Links to other materials or sites are provided for your convenience only.

To the extent TheCloudGP provides information from, or links or references to, websites operated by third-parties, we do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third-party websites does not imply approval or endorsement of the linked website by TheCloudGP. If you decide to access these third-party websites, you do so at your own risk. You agree that TheCloudGP has no liability for any damage or loss of any type that is a result of your use of a third-party website.

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ELIGIBILITY

To use the Website and Offerings, you must:

a. be at least 18 years of age; and

b. ordinarily reside in Australia.

You understand that the Website and Offerings will not be appropriate if:

a. you are experiencing a crisis;

b. your personal safety is at risk;

c. you are unwell or experiencing severe symptoms; and/or

d. you require medical treatment.

If you located outside of Australia (irrespective of your age), you must not access or use the Website and Offerings.

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MAILING LIST REGISTRATION

You will be given the option to register for our mailing list (the “Mailing List”) to receive updates regarding new or existing products, services and features, promotions and marketing communications.

As part of the registration process, you will be required to complete and submit a registration form on the Website by providing personal information such as your name and e-mail address. Your personal information is kept in accordance with our Privacy Policy.

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PAID OFFERINGS

Certain products, services and features on the Website or Platform may require a payment of a fee to be granted access and use of that offering (a “Paid Offering”). Where a Paid Offering is applicable, this will be clearly disclosed as will its relevant fee, and will require you to agree to, and complete, the purchase of that Paid Offering prior to being granted access to that Paid Offering (as a “Paid User”).

Specific terms govern the access and use of Paid Offerings as contained in subclauses 1.1 to 1.10 (the “Paid Offerings Specific Terms”). These Paid Offerings Specific Terms are to be read in conjunction with the more general Terms of Use and Privacy Policy of the Website. The Paid Offerings Specific Terms will have control over any conflict with the general Terms of Use of the Website.

 

1.1. GRANT OF ACCESS TO PAID OFFERINGS

You may purchase a right to access and use a Paid Offering by completing and submitting an application form on the Website or Platform (the “Application Form”), and by paying the specified fee (“Fee”) for that Paid Offering as listed on the Website.

When purchasing a Paid Offering, you will be required to provide personal information such as your full name, password, telephone number, postal and e-mail address. This personal information is used to create your unique user account and login credentials to the Platform, and for notices and messaging from TheCloudGP. You must provide complete, accurate, and truthful information and update your user account information promptly if there are any changes.

Following receipt of a completed Application Form and confirmation of payment by TheCloudGP, you will become a Paid User and be granted access to the Paid Offering via the Platform, for which you will be issued a unique user account and login credentials (user name and temporary password).

 

1.2. USER ACCOUNT AND LOGIN CREDENTIALS

The Paid User accepts responsibility for: (1) maintaining the confidentiality of the Paid User’s login credentials, and (2) all activities that occur under the Paid User's account.

The user account and login credentials issued to the Paid User is personal to that Paid User, and the Paid User must ensure that such user name and/or password is not distributed, communicated, disclosed or transferred to any other person. 

The Paid User accepts all responsibility and liability for any unauthorised use of any username and password issued to it. The Paid User agrees that TheCloudGP is not responsible for third-party access to the Paid User’s account that results from the theft or misappropriation of login credentials.

The Paid User must not on-supply, or provide access to, the Paid Offering(s), or any content forming part of such Paid Offering(s), to any person(s).

 

1.3. LIMITED LICENCE

When you purchase a Paid Offering, TheCloudGP grants you a limited, revocable, non- exclusive, non-sublicensable, non-transferable license to access and use the Paid Offering and any related content or other materials for your specific, non-commercial use only (the “Paid Offering Licence”).

The Paid Offering Licence is valid for sixty [60] days only (“Licence Term”). This means the Paid Offering will be viewable within the Platform for the Licence Term only. After this time the Paid Offering will expire and you will no longer be able to access the Paid Offering, unless you re-purchase the Paid Offering.

 

1.4. PURCHASES NOT TRANSFERRABLE

The rights to access and use the Paid Offerings are not transferrable.

The Paid Offerings are intended for use by a single person or in a single household within the Licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental materials, Resources, and access to any other aspect of the Paid Offering (unless otherwise stated).

 

1.5. ACCESS AND USAGE RESTRICTIONS

The Paid User must not:

a. reverse engineer, disassemble, or decompile any software forming part of the Paid Offering, unless permitted to do so by law, and then only strictly in accordance with the provisions or terms under which that right is given by such law;

b. copy or download, in a systematic manner, any content, graphics, video, text or animation from the Paid Offering, or communicate or otherwise distribute such systematically-obtained content, graphics, video, text or animation;

c. directly or indirectly introduce any virus, worm, trojan or other malicious code into the Paid Offering, or in any other manner whatsoever corrupt, degrade or disrupt the operation of the Paid Offering;

d. adapt, modify, or create any derivative work from, the Paid Offering, other than as necessary to participate in that Paid Offering;

e. sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan, or otherwise distribute all or part of the Paid Offering, or any adaptation, modification or derivative of all or part of the Paid Offering;

f. use the Paid Offering for any unlawful purpose;

g. do anything inconsistent with the terms of this agreement; or

h. remove, obscure or interfere with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer statement, rights management information or serial numbers affixed to, incorporated in or otherwise applied in connection with the Paid Offering.

 

1.6. NO GUARANTEED ACCESS 

The Paid User acknowledges and agrees that while TheCloudGP will make reasonable efforts to ensure the Paid Offering’s availability, continuity, reliability, accuracy, currency and security, TheCloudGP makes no representations, warranties or guarantees in relation to the Platform, Paid Offerings or Website. TheCloudGP will not be liable if the Platform, Paid Offerings or Website are unavailable for any reason, including directly or indirectly as a result of:

a. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

b. negligent, malicious or wilful acts or omissions of third-parties (including TheCloudGP’s third-party service providers);

c. maintenance or repairs carried out by TheCloudGP or any third-party service provider in respect of any of the systems used in connection with the provision of the Platform, Paid Offerings or Website;

d. any events beyond TheCloudGP’s control; or

e. services provided by third-parties ceasing or becoming unavailable.

 

1.7. FEES

The Fees and charges displayed within the Website are current at the time of display and may vary at any time with or without notice.

The amount of Fees payable for each Paid Offering, as specified on the Website, is:

a. specified, and payable, in Australian Dollars (AUD); and

b. inclusive of all taxes, charges, levies, duties or other government imposts imposed under the laws of the Commonwealth and each State and Territory of Australia, and unless otherwise stated, are inclusive of the Commonwealth goods and services tax (GST), as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

You are responsible for any data usage fees and other third-party charges you incur in connection with your access to, download and use of the Paid Offerings (including the fees that may be charged by your internet service provider and/or other service providers).

 

1.8. PAYMENT

Payment of fees may be effected by any of the methods of payment prescribed at the Platform. If the Paid User pays by credit or debit card, the Paid User: (a) will provide TheCloudGP or its designated third-party payment processor with valid credit or debit card information; and (b) hereby authorizes TheCloudGP or its designated third-party payment processor to charge such credit or debit card for the applicable Fee(s).

Notwithstanding any other provisions within these Terms of Use or statement on the Website, payment of a given amount will not be deemed to have occurred unless and until TheCloudGP receives the relevant amount, in cleared funds.

Following receipt of the relevant amount being confirmed by TheCloudGP, the Paid User will be issued with a receipt to confirm that the payment has been received.

The Paid User agrees to reimburse TheCloudGP for any dishonour fees or like amounts incurred by TheCloudGP as a consequence of a payment made by the Paid User being refused or dishonoured by its bank, financial institution or credit provider.

TheCloudGP’s payment process is conducted by a designated third-party payment processor, Stripe or PayPal. Stripe or PayPal is the Merchant of Record for Paid Offerings. TheCloudGP provides all customer service inquiries and handles returns for these subscriptions.

 

1.9. REFUNDS 

Except in relation to Non-excludable Obligations (as defined below):

a. all payments made to us for use and access to Paid Offerings are final and non- refundable;

b. if the purchase is cancelled or terminated for any reason, we will not refund any fees paid by you for your use of the Paid Offerings, including any fees charged by third-party providers; and

c. refunds are also not payable for any periods during which the Paid Offerings are unavailable.

 

1.10. SUSPENSION, CANCELLATION AND TERMINATION 

Without limiting any of its other rights or remedies under these Terms of Use, TheCloudGP may immediately suspend the Paid User’s access to the Platform or Paid Offering, if the Paid User fails to pay any amounts that are due, but unpaid. Such suspension may continue until such time as payment of such amounts is effected in accordance with these Terms of Use.

The Paid User may withdraw from further participation in Paid Offerings at any time.

TheCloudGP may cancel or terminate the Paid User’s access to the Platform or Paid Offering, immediately by notice in writing if the Paid User:

a. breaches any term of these Terms of Use that is not capable of remedy; or

b. breaches any term of these Terms of Use that is capable of remedy and fails to rectify that breach within 14 days of receiving a notice from Us requiring the Paid User to do so.

The Paid User acknowledges that in the event the access or use of the Platform or Paid Offerings is suspended, self-withdrawn, cancelled or terminated in accordance with above cancellation and termination terms, no refund will be provided by TheCloudGP.

 

PRIVACY

Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to TheCloudGP is subject to and will be handled in accordance with our Privacy Policy. The Privacy Policy forms part of these Terms of Use and can be found on our website. You agree that, by using our Website and Offerings or communicating with us, you have read the Privacy Policy, understood its contents and consented to its requirements.

 

NOTICES AND MESSAGING

By registering to access and use the Website and Offerings, you consent to receiving from us notices and messaging, such as updates regarding new or existing products, services and features. The inclusion of any email addresses on this Website and Offerings is not consent to receiving unsolicited commercial electronic messages or SPAM.

You agree that TheCloudGP will provide notices and messages to you in the following ways: (1) within the Website and Offerings, or (2) sent to your email address that you provide us. 

You agree that any notices, agreements, disclosures, or other correspondence that we send to you via email will satisfy any legal communication requirements, including that those communications be in writing. Provided that a notice or correspondence is addressed correctly, it will be deemed to have been received by you when the e-mail containing the notice or correspondence enters the e-mail system or service of your provided email address.

You may opt in to receiving promotional or marketing communications from us, and may opt out of receiving such communications from us at any time by using the unsubscribe link in the email communications we send or by contacting us using the details in the section titled Contact Information contained within these Terms of Use.

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INTELLECTUAL PROPERTY OWNERSHIP

Except for the limited license and use rights expressly granted to you under these Terms of Use, all title to and the rights in the Website and Offerings, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, TheCloudGP’s or third-party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of TheCloudGP and/or third-parties. You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use, modify and incorporate into the Website and Offerings any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Website and Offerings.

 

TRADEMARKS

Trademarks, service marks, graphics, and logos used in connection with the Website and Offerings are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Website and Offerings are owned by TheCloudGP or third-parties and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Website and Offerings, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Website and Offerings, and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, services or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of TheCloudGP.

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DISCLAIMERS OF WARRANTIES AND REMEDY

All content on this website is provided to you on an "as is" and "as available" basis without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TheCloudGP disclaims all warranties, express or implied, including but not limited to any implied warranties of fitness for a particular purpose, accuracy and non- infringement. 

TheCloudGP makes no warranty as to the accuracy, completeness, currency or reliability of any content available through its Website and Offerings. You are responsible for verifying any information before relying on it. Use of the Website and Offerings and the content available on the Website and Offerings is at your sole risk. TheCloudGP makes no representations or warranties that use of the Website and Offerings will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website and Offerings is free of viruses.

TheCloudGP shall not be held responsible for any action taken that is based on the information presented on its Website and Offerings. We expressly disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Website and Offerings, even if we have been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the Website and Offerings, the inability to use the Website and Offerings or any errors of omissions in the content of the Website and Offerings.

Except in relation to Non-excludable Obligations (as defined below), you understand and agree that not accessing or using our Website and Offerings is your sole right and remedy with respect to any dispute with us.

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INTERNATIONAL USE

TheCloudGP makes no representation or warranty that its Website and Offerings are appropriate or available for use in locations outside Australia. If you choose to access the website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website and Offerings from any location where doing so would be illegal.

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LIMITATION OF LIABILITY

To the extent that you acquire goods or services from TheCloudGP as a consumer within the meaning of the Australian Consumer Law (“Australian Consumer Law”) set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these Terms of Use.

Nothing in this clause operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would: (1) contravene that statute; or (2) cause any terms within these Terms of Use to be void, (Non- excludable Obligation).

Except in relation to Non-excludable Obligations, in no event will TheCloudGP be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Website and Offerings, including but not limited to reliance by you on any information obtained from the Website and Offerings. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorised representative of TheCloudGP has been advised of or should have knowledge of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, TheCloudGP is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website and Offerings, TheCloudGP’s liability will in no event exceed the amount of Fees paid by you, if any, in connection with your use of the Website and Offerings under these Terms of Use.

In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which TheCloudGP’s liability is not limited under these Terms of Use), TheCloudGP’s liability to you for a failure to comply with any Non-excludable Obligation is limited to: (1) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and (2) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

 

INDEMNITY

You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify TheCloudGP, its officers, directors, shareholders, employees, agents, affiliates, representatives, sublicensees, successors and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third-parties, which may result from your use of the services.

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TERMINATION OF USE

If you violate any provision of these Terms of Use, your permission from us to use the Website and Offerings will terminate automatically. In addition, you agree that We may in our sole discretion immediately terminate or restrict any further access to the Website and Offerings by you at any time, with or without notice.

Effect of Termination and Survival

Termination of use automatically terminates all rights and licenses granted to you under these Terms of Use, including all rights to use the Website and Offerings, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers of warranties, limitations of liability, indemnity, no waiver, and governing law). Subsequent to termination, TheCloudGP reserves the right to exercise whatever means it deems necessary to prevent your unauthorised use of the Website and Offerings, including without limitation technological barriers such as IP blocking.

 

MODIFICATION OF WEBSITE AND OFFERINGS

In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website and Offerings provided to you, including, but not limited to, (i) restricting the time the Website and Offerings are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Website and Offerings and (iv) changing any feature or functionality provided by the Website and Offerings. You agree that any termination or cancellation of your access to, or use of, the Website and Offerings may be affected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and Offerings.

 

NO WAIVER 

The failure of TheCloudGP to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by TheCloudGP of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between TheCloudGP and you or any other party be deemed to modify any provision of these Terms of Use.

 

SEVERABILITY

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

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ASSIGNMENT

We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. You shall not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without TheCloudGP’s prior written consent and any attempt to do so shall be void.

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GOVERNING LAW

These Terms of Use and the Privacy Policy are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use and the Privacy Policy, their performance and subject matter.

 

CHANGES TO TERMS OF USE

We reserve the right to change, add or remove portions of these Terms of Use, the Privacy Policy, and any documents incorporated herein from time to time at our sole discretion. Your continued use of the Website and Offerings following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms of Use periodically for changes.

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ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy are the entire agreement between you and us relating to the subject matter herein.

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CONTACT INFORMATION

You may contact us by emailing us at: [email protected]

 

Effective: April 2022

Last modified: August 2023