Thank you for creating an account (Account) via the Elvanto website (the Website).
It is important to us that you enjoy your time using the Website. Therefore, we recommend that you read the following terms that relate to the services provided by Elvanto Pty Ltd A.C.N.600 371 668 (we, us, our, or Elvanto).
Your decision to create an Account with us means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (Terms). These Terms govern your use of our services (the Registration Services). Your access to the Registration Services is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the scope of the Registration Services. This may result in additional services being provided or some of the existing services being terminated.
How to access the Registration Services
Elvanto provides you, the registrant (Registrant), with the Registration Services for the purposes of:
- building and managing a church database; and
- managing a church.
You must be a current and valid Registrant of Elvanto to access the Registration Services and the associated benefits.
Once you become a Registrant, registration is ongoing unless you terminate your agreement with us, in accordance with these Terms.
Elvanto reserves the sole right to make changes to our Registration Services from time to time.
Registration entitles you to a non-exclusive, non-transferable right to access and use the Registration Services, subject to the terms and conditions contained in these Terms. Registration occurs when you create an Account via the Website (the Registration Date).
When creating an Account, you warrant and represent that:
- all information provided is true, accurate and complete to the best of your knowledge;
- you have authority to enter in to this agreement;
- you have read and understand the Terms contained within this agreement and agree to be bound by them; and
- you will only use the Registration Services for lawful purposes.
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account's username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that the security of your Account has been compromised, you must notify Elvanto immediately. You agree to be solely responsible for any conduct associated with, or originating from your Account.
We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account's security resulting from your act or omission to act.
Term of agreement
These Terms commence on the Registration Date and will continue until such time that they are terminated under these Terms.
Elvanto may terminate these Terms if you have committed any material breach of this Agreement and in the case of a breach capable of being remedied; you have failed to remedy the breach within five days after the receipt of a written request from Elvanto.
You may terminate these Terms by providing written notice to us via email.
Upon termination, Elvanto will immediately disable your user name and password and consequently, deny you access to the Website and/or the Registration Services and your Account.
Representations and warranties
Subject to all applicable laws, the Registration Services are provided to you on an as is basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
Exclusions and Limitations of Liability
To the extent permitted by law, Elvanto will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of an Account;
- your use of the Registration Services provided via the Website;
- any interruptions or delays in accessing the Website, the Registration Services or any third party websites; or
- circumstances beyond the reasonable control of Elvanto,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Registration Services; or
- the payment of the cost of having the Registration Services resupplied.
To the fullest extent permitted by law, you agree to indemnify Elvanto from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of the Registration Services.
Any notice to be given by Elvanto under these Terms or in relation to our Registration Services will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Website. Such notice shall be deemed to have been given at the time the email was sent by Elvanto or at the time the relevant information was posted on the Website.
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of Elvanto.
Content uploaded via the Website
You are solely responsible for all images, text and other content (Content) that you upload via the Website and for any consequence of uploading that Content. We do not guarantee any confidentiality with respect to any Content that you upload via the Website.
You agree that you will not upload Content that:
- contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to upload the Content and to grant Elvanto all of the licence rights granted herein;
- contains falsehoods of misrepresentations;
- is unlawful, threatening, harassing, hateful, facilitates or encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate in the view of Elvanto.
You authorise Elvanto to create algorithms based on the Content for the purposes of:
- hosting the Content on servers owned or controlled by Elvanto;
- indexing the Content; and
- displaying, performing or distributing the Content, in whole or in part.
Acceptance of content
Elvanto is in no way obliged to accept any Content uploaded by you via the Website.
The Registration Services may be accessed from Australia and outside of Australia. We make no representations that the Registration Services comply with the laws of any country outside of Australia. If you access the Registration Services from a country other than Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access the Registration Services and Website.
When you access and use the Registration Services, you must ensure that you fully comply with the Spam Act 2003 (Cth) and any spam laws that exist in any other relevant country. You must not use the Registration Services or the Website to engage in any spamming activity.
In the event that you are not aware of the requirements for sending commercial emails in any relevant country, we strongly recommend that you seek independent legal advice.
Elvanto will not, and cannot, be responsible for any breach of spamming laws that may arise as a consequence of your use of the Registration Services, the Website or your conduct in general.
Email and Communications Policy
By agreeing to these Terms, you are also agreeing to our Email and Communications Policy.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of Queensland, Australia govern these Terms.
Registration Terms last updated on 21 March 2014.