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Welcome to 企鹅电竞, an online job management service designed for small businesses. The following are the terms and conditions for use of the 企鹅电竞 service described herein (the "Service") between 企鹅电竞 and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You").

These Terms are binding on any use of the Service and apply to You from the time that 企鹅电竞 provides You with access to the Service.

By registering to use the Service You acknowledge that You have read, understood and agreed to these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

DEFINITIONS

" Agreement " means these Terms of Service.

Add-on ” means an additional, activated service that enhances the 企鹅电竞 platform.

" Confidential Information " includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

" Data " refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, videos, recordings, files, illustrations, and designs, whether provided by You, another customer of the Service, or any other third party.

" Intellectual Property Right " means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

" Invited User " means any person or entity, other than You, that uses the Service with Your authorisation from time to time.

" Service " means the online job management and ancillary services made available (as may be changed or updated from time to time by 企鹅电竞) via 企鹅电竞, including 企鹅电竞's optional phone communications service.

" 企鹅电竞 " means 企鹅电竞 Pty Ltd trading as 企鹅电竞 and 企鹅电竞 Pty Ltd (Australia).

" Subscriber " means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service. The Subscriber is the sole owner of the 企鹅电竞 account and its data, and is displayed as the ‘Account Owner’ within the account. The Subscriber may transfer account ownership through a secure, self-serve process within their account, upon which the new Account Owner will become subject to this Agreement.

" Usage Fee " means a monetary fee for Your use of and access to the Service, based on your level of usage or pricing plan, plus any additional costs associated with overages or add-ons activated within the 企鹅电竞 service, payable by You, in accordance with the fee schedule set out on the Website or within Your 企鹅电竞 service.

" You " means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

" Website " means the Internet site at the domain www.企鹅电竞.com or any other site operated by 企鹅电竞.

USE OF SOFTWARE

企鹅电竞 grants You the right to access and use the Service via the Website and an iPhone, iPad or iPod with the particular user roles available to You. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

• the Subscriber determines who is an Invited User and what level of access to the relevant organisation and Service that Invited User has;

• the Subscriber is responsible for all Invited Users’ use of the Service;

• the Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

• if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

The use of 企鹅电竞 means by extension you agree to the Google Terms of Service and the Google Privacy Policy .

YOUR OBLIGATIONS

Payment obligations

企鹅电竞 will continue invoicing You in accordance with your pricing plan and service usage until this Agreement is terminated. All 企鹅电竞 invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay all amounts specified in any invoice by the due date.

You are solely liable for usage and accrued charges by You, or anyone else, that occurs on Your account, and You must pay all amounts specified in any invoice by the due date.

Additionally, we will charge You, and You shall pay, any and all additional costs, fines, or penalties we incur from a government or regulatory body or telecommunication provider as a result of Your use of the Services.

Preferential pricing or discounts

You may from time to time be offered preferential pricing or discounts to the Usage Fees through a special offer, or as a result of the number of organisations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organisations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Usage Fees in relation to all of Your Organisations. Without prejudice to any other rights that 企鹅电竞 may have under these Terms or at law, 企鹅电竞 reserves the right to render invoices for the full (non-discounted) Usage Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organisations in the event that any invoices for those Usage Fees are not paid in full by the due date for payment.

General obligations 

You must only use the Service for Your own lawful business purposes, in accordance with these Terms and any notice sent by 企鹅电竞 or condition posted on the Website, and applicable laws. You may use the Service on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

Access conditions

You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify 企鹅电竞 of any unauthorised use of Your passwords or any other breach of security. 企鹅电竞 may reset Your password and You must take any other actions that 企鹅电竞 reasonably deems necessary to maintain or enhance the security of 企鹅电竞's computing systems and networks and Your access to the Services.

As a condition of these Terms, when accessing and using the Services, You must:

• ensure all Your contact information provided in connection with the administration and use of the Service is always current, true and correct;

• not attempt to undermine the security or integrity of 企鹅电竞's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;

• not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;

• not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;

• not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and

• not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website.

Usage Limitations

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against 企鹅电竞’s application programming interface.

Specifically, 企鹅电竞’s phone communication service does not support phone calls to:

• Emergency services. You agree you will not attempt to use the Service to connect to government-sponsored emergency telephone numbers (such as 000 in Australia, 999 in the United Kingdom, or 911 in the United States of America) used to dispatch professional emergency responders. 企鹅电竞 or its service providers cannot be held responsible or liable for any claim, damage or loss arising from or relating to the inability to use the Service to contact emergency services; and

• International, premium, surcharged or special phone numbers i.e. calls to phone numbers in another country, or special numbers which involve surcharges (such as 1300 numbers in Australia).




Communication Conditions 

As a condition of these Terms, if You use any communication tools available through the Website and Services, You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool in a manner that:

(a) is illegal, fraudulent, harassing or abusive in nature; 

(b) is in violation of laws or regulations relating to:

  • the transmission of data or recording of phone calls and other communications; 
  • spamming; or
  • unsolicited advertising and marketing, or transmission of communications; 

(c) generates inquiries from a law enforcement, government, or regulatory agency or triggers such an agency to request the suspension of the Service to You. 

(d) may damage any other person's computing devices or software; 

(e) involves transmission of material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make and/or record any communication on the Website or through the Services, You represent that You are permitted to make and/or record such communications, and you will comply with all applicable laws and regulations prior to doing so and secure all required consents. You agree to indemnify 企鹅电竞 and its service providers for any claim arising out of or related to your acts or omissions in connection to providing required notices and obtaining consent for making and/or recording phone calls, sending SMS and email, or other communications using the Services.

企鹅电竞 is under no obligation to ensure that your use of communications through the Website and Services are legitimate or that they are related only to the use of the Services. You must exercise caution when using the Service’s communication tools. 企鹅电竞 reserves the right to remove any communication at any time in its sole discretion.

INDEMNITY

You indemnify 企鹅电竞 against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to 企鹅电竞, including (but not limited to) any costs relating to the recovery of any Usage Fees that are due but have not been paid by You.

SPAM ACT

企鹅电竞 has a strict anti-spam policy. Our SMS messaging services and email services must only be used in accordance with the Spam Act of 2003. 企鹅电竞 does not allow sending unsolicited SMS or email messages. You must have consent to send SMS messages to each recipient before sending an SMS message to them, in accordance with the Spam Act. Any marketing messages must give the recipient the option to opt-out of further marketing messages.

CONFIDENTIALITY AND PRIVACY

Confidentiality 

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

•Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

•Each party's obligations under this clause will survive termination of these Terms.


The provisions of this clause shall not apply to any information which:

• is or becomes public knowledge other than by a breach of this clause;

• is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

• is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

• is independently developed without access to the Confidential Information.

Privacy 

企鹅电竞 maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at www.企鹅电竞.com/privacy-policy and You will be taken to have accepted that policy when You accept these Terms.

INTELLECTUAL PROPERTY

General

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of 企鹅电竞 (or its licensors).

Ownership of Data 

Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the 企鹅电竞 Usage Fee when due. You grant 企鹅电竞 a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

Backup of Data

企鹅电竞 adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. 企鹅电竞 expressly excludes liability for any loss of Data no matter how caused.

Third-party applications and your Data 

If You enable third-party applications for use in conjunction with the Services, You acknowledge that 企鹅电竞 may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. 企鹅电竞 shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

WARRANTIES AND ACKNOWLEDGEMENTS

Authority 

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Acknowledgement

You acknowledge that:

• You are authorised to use the Services and to access the information and Data that You input into the Services, including any information or Data input into the Services by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Services (whether that information and Data is Your own or that of anyone else).

• 企鹅电竞 has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.

• If You use the Services or access the Services on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

- You are responsible for ensuring that You have the right to do so;

- You are responsible for authorising any person who is given access to information or Data, and you agree that 企鹅电竞 has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and

- You will indemnify 企鹅电竞 against any claims or loss relating to 企鹅电竞's refusal to provide any person access to Your information or Data in accordance with these Terms, or 企鹅电竞 making available information or Data to any person with Your authorisation.

• The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.

• 企鹅电竞 does not warrant that the use of the Service will be uninterrupted or error free.

• Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. 企鹅电竞 is not in any way responsible for any such interference or prevention of Your access or use of the Services.

• It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

No warranties 

企鹅电竞 gives no warranty about the Services. Without limiting the foregoing, 企鹅电竞 does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer guarantees 

You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, 企鹅电竞 excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service.


If You suffer loss or damage as a result of 企鹅电竞's negligence or failure to comply with these Terms, any claim by You against 企鹅电竞 arising from 企鹅电竞's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Usage Fees paid by You in the previous 12 months.


If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the Termination clause.

TERMINATION

Trial policy

You can evaluate the Services under a Free Trial, in accordance with this Agreement and the limitations of the trial, with no obligation to continue to use the Services.

No-fault termination 

These Terms will continue while You continue to use the Service, provided You continue to pay the prescribed Usage Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Usage Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.

Breach:

If:

• You breach any of these Terms (including, without limitation, by non-payment of any Usage Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or

• You breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Usage Fees that are more than 30 days overdue); or

• You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction; then


企鹅电竞 may take any or all of the following actions, at its sole discretion:

• Terminate this Agreement and Your use of the Services and the Website;

• Suspend for any definite or indefinite period of time, Your use of the Services and the Website;

• Suspend or terminate access to all or any Data.


For the avoidance of doubt, if payment of any invoice for Usage Fees due in relation to the Service is not made in full by the relevant due date, 企鹅电竞 may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

Accrued Rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

• remain liable for any accrued charges and amounts which become due for payment before or after termination; and

• immediately cease to use the Services.

THIRD PARTY PRODUCTS AND SERVICES

企鹅电竞 is designed to be used in conjunction with Google Maps and other services. Accordingly, your use of 企鹅电竞 is also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy ).

HELP DESK

Technical Problems

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting 企鹅电竞. If You still need technical help, please check the support provided online by 企鹅电竞 on the Website or failing that email us at support@servicem8.com.

Service availability

Whilst 企鹅电竞 intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason 企鹅电竞 has to interrupt the Services for longer periods than 企鹅电竞 would normally expect, 企鹅电竞 will use reasonable endeavours to publish in advance details of such activity on the Website.

GENERAL

Entire agreement 

These Terms, together with the 企鹅电竞 Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and 企鹅电竞 relating to the Services and the other matters dealt with in these Terms.

Waiver 

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays 

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No Assignment 

You may not assign or transfer any rights to any other person without 企鹅电竞's prior written consent.


Governing law and jurisdiction

Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.

Severability 

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to 企鹅电竞 must be sent to support@企鹅电竞.com or to any other email address notified by email to You by 企鹅电竞. Notices to You will be sent to the email address which You provided when setting up Your access to the Service and/or the email address listed as the Account Owner.

Rights of Third Parties

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

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