Terms of Service

Important - This Agreement constitutes a binding legal agreement between you and Glynx Pty Ltd ABN 92 128 957 924 (we, us) and is made in respect of the Software and the Services (both as defined below). By clicking the 'Accept' button or by installing the Software or accessing the Services, you agree that you have read and understood and are bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please click 'Cancel' and do not install the Software or access the Services.

Definitions - In these terms:
1. Agreement means these Terms of Service, the Privacy Policy located at www.glynx.com (or related pages) and any other terms incorporated by reference into these terms, in each case as amended from time to time in accordance with paragraph 12;
2. Disseminate means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, bookmarking, social network sharing, transmitting, publishing;
3. Identity means any attribute as defined by us that may be used to identify you or any Person;
4. Persons include individuals, incorporated and unincorporated bodies and/or associations, partnerships, trusts, governments or government bodies/agencies, NGOs or any other type of entity;
5. Services means the social networking and contact, Identity and communications management services accessible through use of the Software and/or the Website, and includes any features, tools, applications, materials or other services offered from time to time in connection with the Software and/or the Website;
6. Software means the Glynx software that we may provide from time to time, together with all prior and subsequent versions, patches and updates to that software;
7. Subscription Version means either:
  1. A free version of the Software and Services (including Free Version - Personal Edition); or
  2. A fee based premium version of the Software and Services (including Premium Versions - Professional Edition, Community Edition).
  Details of each version are further described in paragraph 3.
8. Website means the website accessible at www.glynx.com and related pages.
Description of the Services.
1. Glynx enables you to find and manage your contacts and Identities, indicate your presence and share information with others, via Glynx's peer directory technology - either by downloading the Software or by registering and accessing the Glynx services via the Website.
2. Glynx has no obligation to monitor your or other Persons contact or Identity information and does not guarantee the accuracy, completeness or currency of any contact or Identity information that is Disseminated via the Software or Services. You are solely responsible for ensuring that your contact and Identity information is accurate and you bear the entire risk of relying on any contact or Identity information of third parties that you access through the Software or Service.
Subscription Version. We offer two versions of the Software and Service to users, the Free Version and Premium Version, which are described in greater detail below:
1. The Free Version has the following attributes:
  1. It is free;
  2. It is has restricted functionality, features and usage capacity as determined by us from time to time;
  3. You may need to manually refresh your Identities periodically as determined by us from time to time, failing which this Agreement will immediately terminate and be subject to paragraph 17c. We will provide you with at least seven days notice of a need to refresh your Identities via the Software, PROVIDED ALWAYS that you have installed and are using a properly licensed, current and functioning version of the Software.
2. The Premium Version has the following attributes:
  1. It is subject to an annual licence fee as determined by us from time to time and Australian Goods and Services Tax may be charged if applicable;
  2. You may need to manually refresh your Identities periodically as determined by us from time to time, failing which this Agreement will immediately terminate and be subject to paragraph 17c. We will provide you with at least seven days notice of a need to refresh your Identities via the Software, PROVIDED ALWAYS that you have installed and are using a properly licensed, current and functioning version of the Software;
  3. If you do not renew your annual subscription then the software will revert back to the Free Version (if a Free Version exists at such time), failing which this Agreement will immediately terminate and be subject to paragraph 17c.
You may upgrade your Subscription Version from a Free Version to a Premium Version upon registration of your details (if any) as required by us from time to time and payment of the then current licence fee.
Grant of Licence - Subject to this Agreement and dependent upon your Subscription Version, we grant you a limited, revocable, non-transferable, non-exclusive licence to access and use the Services and install and use the Software in accordance with the terms of this Agreement ( Licence).
Minimum requirements - To access and use the Software or Services, you must have access to:
1. a computer system that meets the minimum system requirements specified by us from time to time; and
2. an account for the provision of carriage or internet services ( Carriage Services) with an internet service provider or other communications carrier ( Carrier).
Your Carrier (and not Glynx Pty Ltd) is responsible for the provision of Carriage Services pursuant to any agreement between you and that Carrier in respect of those Carriage Services. In particular, we are not responsible for any failure or degradation of, or disruption or interruption in, the Carriage Services, nor for any restrictions placed on you by your Carrier in respect of those Carriage Services. You are responsible, and are solely liable, for any account charges or other costs incurred in relation to the Carriage Services, including without limitation access to and use of the Software or Services using the Carriage Services.
Restrictions on use - You must:
1. not copy all or part of the Software or the Services, or allow all or part of the Software or the Services to be copied, other than as expressly permitted under this Agreement;
2. not use the Software or the Services for any unlawful, immoral or unethical purpose, as determined by us in our sole and absolute discretion;
3. not commercialise all or part of the Software or the Services;
4. not make any adaptation, modification or derivative of the Software or the Services;
5. not sell, rent, lease, sub-license, assign or transfer all or part of the Software or the Services or any of your rights under this Agreement;
6. not remove or tamper with any copyright or similar proprietary notice, or any rights management information, attached to or incorporated in the Software (or any copies of the Software) or the Services;
7. not use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to
  1. disable, damage, disrupt or disassemble all or part of the Software or the Services or
  2. Automate the discovery of Identities or Persons using the Software or Service except as defined by the Glynx API Terms of Use or
  3. Communicate or seek to communicate with Persons using the Software except as defined by the Glynx API Terms of Use;
8. not modify, adapt, reverse engineer, decompile, disassemble all or part of the Software or the Services or create derivative works based on all or part of the Software or the Services (other than to the extent permitted by applicable copyright law);
9. comply with any reasonable directions issued by us from time to time in relation to the installation, updating, upgrading and use of the Software and use of and access to the Services;
10. not seek to decrypt, reverse engineer, discover or unobscure (except via the normal methods and processes comprised in the Software or Services) any encrypted or obscured Identities of other users that may be stored from to time on equipment to which you have access;
11. not seek or obtain unobscured personal, Identity or other information or data about a Glynx user (such as but not limited to telephone numbers, email addresses) from Glynx's black pages public information that may be made available to you through the use of the Software or Service, except as made available to you through the authorised use of Software or Service;
12. attempt to trace the source or destination of IP addresses associated with encrypted Identities that may be stored from time to time on equipment to which you have access; and
13. not alter the normal functioning of the Software or Services including altering the source or destination IP addresses of encrypted Identities or preventing the timely response to other instances of the Software or Services requesting information relating to destination IP address associated with encrypted Identities.
Personal information
1. You acknowledge and agree that we may collect personal information about you from time to time in order to facilitate the testing, operation and further development of the Software and the Services.
2. While we will use all reasonable efforts to store and use your personal information in accordance with the Privacy Policy, you acknowledge that telecommunications networks and computer servers are, by their nature, vulnerable to third party attack and interference, and accordingly, we cannot guarantee that this personal information will at all times be secure and accessible.
Registration of Identities
1. We will publish in a Glynx directory encrypted and/or obscured Identities so that other users, using the same method and with your unencrypted Identity, may locate you in the Glynx network. We may verify, or require verification by a third party, that you control an Identity before encrypting and publishing that Identity in a Glynx directory. We may require you to confirm that you have the right to publish an Identity in a Glynx directory.
2. You agree that you are responsible for any Identities you seek to publish as encrypted Identities in a Glynx directory.
3. We may not be able to verify your Identity information in certain circumstances, for example, if your Carrier or ISP does not forward Identity confirmation details to you or if there is a failure of our servers. In such circumstances we may (at our discretion) publish your encrypted or obscured (but unverified) Identity in the Glynx network; or not publish your encrypted or obscured Identity in the Glynx network.
4. We will not reverse engineer or otherwise seek to derive your unencrypted or unobscured Identity from the published encrypted Identity in a Glynx directory.
5. You may associate or publish unencrypted information, including Identity information, associated with your public encrypted or obscured Identity in a Glynx directory. You may also encrypt and transmit Identity or other information privately directly to other Glynx users. You are fully and solely responsible for any information so published and or transmitted (including its compliance with all applicable laws and its accuracy and completeness).
6. You agree to keep any Identity information relating to you that is published in a Glynx directory current and up to date and you will promptly amend it if it changes. In particular, should Identity information change that others might rely on to locate you using a Glynx directory, you agree to promptly update this information (and in no event later than one month from when such Identity information changes). This may require you to delete and then re-verify a published Identity using the Software or Services. For example should you no longer have the same phone number allocated to you by a carrier (such as after a change of your residence) and that number is a published encrypted or obscured Identity in a Glynx directory which may be used by other users to find you in the Glynx network, you agree to delete that entry within one month. If you wish other users to continue to be able to find you in a Glynx directory, you can republish a new encrypted or obscured Identity using your new phone number and inform users, using the Software and/or the Services, of your new Identity. Without limiting our rights under paragraph 17, if we reasonably suspect that you have failed to update your Identity information as required in this paragraph we may revoke your published encrypted or obscured Identity and seek re-verification.
7. You are solely responsible for ensuring that you do not misuse Identity, personal or other information that has been provided to you by others, and you must comply with all applicable laws in this regard.
Intellectual property rights
1. All right, title and interest (including all copyright and other intellectual property rights) in the Software and the Services, including but not limited to any images, audio, video, photographs, animation, music, text, computer models and 'applets' in the Software and the Services, is licensed to or owned by us. The terms applicable to certain third party software that is provided with or incorporated into the Software can be viewed via the Help > About Glynx menu item.
2. No title or proprietary rights to the intellectual property in the Software or the Services is transferred to you under this Agreement or otherwise.
Support services - We may from time to time, at our sole discretion (but without having any obligation to do so) provide you with or procure from you information, including information which may identify you and your relationships as reasonably required by us to:
1. support you resolve problems you may be experiencing in relation to your use of the Software or Services; and
2. Provide or consider additional features or functions, programming fixes, updates, upgrades, new releases or new versions of the Software or the Services (and such additional features or functions, updates, upgrades, new releases or new versions may incur an additional cost, but will otherwise be provided on the terms and conditions of this Agreement).
Subsequent versions - You acknowledge that:
1. we have no obligation to make available to you any additional features or functions, programming fixes, updates, upgrades, new releases or new versions of the Software or the Services; and
2. when installed on your computer, the Software may periodically communicate with our servers and/or other instances of the Software in the Glynx network. We may require the updating of the Software on your computer when we release a new version of the Software or when we make programming fixes, updates, upgrades or new functions or features available. This update may occur automatically or through other means and may occur over one or multiple sessions of use of the software.
Unauthorised use of the Software or the Services - You must:
1. report promptly to us any suspected or actual unauthorised use of the Software or the Services of which you become aware; and
2. provide promptly, at your cost or as otherwise agreed between both of us, all assistance reasonably requested by us to protect the relevant rights in the Software and the Services.
Changes to this Agreement - We may change the terms of the Privacy Policy in accordance with the Privacy Policy. We may change the terms of these Terms of Service as follows:
1. if we reasonably consider that the change is likely to benefit you or have a neutral or minor adverse impact on you, we may make any such change 10 days after publishing the Terms of Service as amended on the Website;
2. if we reasonably consider that the change is likely to have more than a minor adverse impact on you, we may make any such change one month after publishing the Terms of Service as amended on the Website.
Changes to the Terms of Service may include (without limitation) charging you a fee for use of the Software or the Services or changing the then current fee for use of the Software or the Services. If you do not accept a change made by us to these Terms of Service, your only remedy (except as set out elsewhere in this Agreement) is to terminate this Agreement in accordance with paragraph 17 and to immediately discontinue your use of the Software and the Services.
The most current applicable Privacy Policy and Terms of Service will be dated and posted on the Website. Subject to the terms of this agreement you must comply with the most current Privacy Policy and Terms of Service.
Confidential information - You agree to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding us, the Software, the Services and our intellectual property. You agree that damages may not be an adequate remedy for breach of this paragraph 14 and we may seek injunctive relief or specific performance.
Indemnity - You will indemnify us and hold us harmless against all claims, proceedings, liability, loss, damage, cost and expense (including legal costs on a full indemnity basis and consequential and indirect loss) that are or may be incurred or suffered by us arising directly or indirectly in connection with:
1. any breach of this Agreement by you;
2. any unauthorised use or dissemination of the Software by you;
3. any unauthorised access to or use of the Services by you; and
4. any claim by a third party arising out of or in connection with your access to or use of the Software or the Services (including, without limitation, a claim that your use of the Software or the Services infringes a third party's intellectual property rights).
Warranties, exclusions and limitations
1. Certain legislation (including the Australian Trade Practices Act 1974) (the Acts) imply certain warranties and conditions into contracts for the supply of goods or services if the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption (Non-Excludable Terms). Liability for breach of those Non-Excludable Terms cannot be excluded or limited. The limitations and exclusions in this Agreement do not apply to those Non-Excludable Terms.
2. Subject to paragraph (a), but notwithstanding any other provision of this Agreement:
  1. we exclude all warranties implied into this Agreement by the operation of law (other than the Non-Excludable Terms);
  2. we provide the Software and the Services 'as is' and make no express representations, claims or warranties in relation to the Software or the Services, including, without limitation, warranties as to quality, performance, non-infringement, merchantability, fitness for use or a particular purpose, functionality, features, and future upgrades or enhancements. You further acknowledge that the Software and the Services are constantly in a developmental phase, and that you download, install and use the Software and access and use the Services entirely at your own risk;
  3. we do not represent, claim or warrant that the Software or the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free or that it will operate wholly without loss;
  4. we exclude all liability, whether in contract, tort (including negligence) or otherwise, for any direct, indirect, special, punitive, incidental, consequential or other expenses, losses, damages or costs (including, without limitation, loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of or damage to data, or failure to achieve anticipated savings or benefits) incurred by or awarded against you under or in any way connected with this Agreement or the use of the Software or the Services.
Suspension and termination
1. Either of us may terminate this Agreement at any time without cause by notice to the other.
2. Without prejudice to any other rights or remedies that we may have, we may also:
  1. immediately terminate this Agreement if you breach any provision of this Agreement; and/or
  2. suspend or restrict or remove your ability to access or use the Services or any version, feature or function of the Software, or part or all of any published listing in any Glynx directory, or disable any Software you may already have accessed or installed, for the purposes of repair, improvement or upgrade of the underlying technology or for any other reason (including due to a breach of this Agreement by you);
3. If this Agreement is terminated:
  1. the Licence will immediately terminate; and
  2. you must immediately stop using the Software and the Services and must render permanently unusable any electronic copies of the Software in your possession or control.
Advertising and third party websites - You acknowledge that:
1. the Software or the Services may contain advertising relating to third party products or services,; and
2. you may be able to access websites controlled or operated by persons other than us (Third Party Websites) when accessing or using the Software or the Services.
We make no representations, and you agree that we have no liability to you arising from or in connection with, any Third Party Advertising or your use of any Third Party Website or any information or other content accessible to you from any Third Party Website. You further agree that your access to and use of any Third Party Website and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website.
Software export laws. You acknowledge that the Software or Services may be subject to national and international laws that govern the export of software, and you agree to comply with all such laws (where applicable to you).
General
1. Part or all of any provision of this agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions will continue in force.
2. This Agreement is governed by the laws of the State of Victoria, Australia, and the parties unconditionally submit to the non-exclusive jurisdiction of the courts in that State.
3. Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and the Dissemination of acceptable material and content. In the event of any conflict between local laws and the laws of the State of Victoria, Australia, the laws of the State of Victoria, Australia shall prevail.
4. Any and all alleged abuse or complaints from other persons about Your use of the Software or Services will be handled by us in accordance with our abuse process.
5. This Agreement constitutes the entire agreement between the parties and supersedes any prior representations, warranties, understandings or agreements that relate to the same subject matter.

TO PROTECT YOUR OWN INTERESTS, PLEASE READ THESE TERMS CAREFULLY BEFORE YOU CLICK 'ACCEPT'. BY CLICKING 'ACCEPT' AND/OR CONTINUING TO INSTALL THE SOFTWARE AND/OR ACCESSING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE RIGHTS AND OBLIGATIONS SET OUT IN THEM, AND THAT YOU EXPRESSLY CONSENT TO BE BOUND BY AND ABIDE BY THEM.
Revision Date: 17 March 2009

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