PLEASE READ THE FOLLOWING BEFORE PROCEEDING:
1. TERMS OF SERVICE. These Terms of Service (“Terms”) govern your access and use of the web-based development and investment feasibility study application Feastudy Online (“Feastudy”) and related products and services (“Services”) provided by Devfeas Pty Ltd as trustee for MA & JW Trust (“Devfeas Pty Ltd”) at the web address https://feastudyonline.com.au. By using our Services, you (“the User”) agree to be bound by these Terms. We may modify these Terms from time to time by posting the most current version on our website. New features that we add to our Services are subject to these Terms. If a modification materially reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on our website or as a notification inside the Feastudy application). If you do not agree to a modification, you may terminate your use of our Services or request us to terminate the provision of our Services to you. By continuing to use our Services after the modification comes into effect, you are agreeing to be bound by the modified Terms.
2. PRIVACY POLICY. Devfeas Pty Ltd is bound and shall abide by the Australian Privacy Act 1988, which sets out a number of principles concerning the privacy of individuals. To obtain a Trial Licence or Subscription to use and reasonable support for Feastudy from Devfeas Pty Ltd the User agrees to submit personally identifiable information that Devfeas Pty Ltd shall keep private subject to those terms set out in this clause of this service agreement. This information may include but is not limited to the User’s unique username and password, or the provision of sensitive information in the recovery of the User’s lost password. We may occasionally hire other companies to provide services on our behalf, including but not limited to handling User support enquiries or processing transactions. Those companies will be permitted to obtain only the personal information they need to deliver the service. Devfeas Pty Ltd takes reasonable steps to ensure that these companies are bound by confidentiality and privacy obligations in relation to the protection of your personal information. Each time the User accesses and uses the website that Devfeas Pty Ltd provides to the User to enable the User’s use of Feastudy, the User explicitly agrees to Devfeas Pty Ltd collecting information which includes but is not limited to details about any of the following things used by the User at that time: browser type and version; operating system of the computer or device; Feastudy webpages and pop-ups; and (when applicable) the referring website address. This collected information may only be used by Devfeas Pty Ltd for the purposes of: gauging website visitor traffic and trends; delivering personalised content to the User while the User uses Feastudy; Devfeas Pty Ltd’s support for the User’s use of the website and Feastudy; and correcting, improving and extending the features of Feastudy. From time to time, we may use the User’s information for new, unanticipated uses not previously disclosed. If our information practices change at some time in the future we will use, for these new purposes only, data collected from the time of the policy change forward that will adhere to our updated privacy practices. Devfeas Pty Ltd reserves the right to make amendments to this Privacy Policy with respect to the use of Feastudy at any time however these amendments shall be available for viewing on Devfeas Pty Ltd’s website. The User has a right to access the User’s personal information, subject to exceptions allowed by law. You may be required to put your request in writing for security reasons. Devfeas Pty Ltd reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
3. MINIMUM SYSTEM REQUIREMENTS. Feastudy is designed to operate on most modern web browsers, including Google Chrome, Microsoft’s Edge, Apple’s Safari and Mozilla’s Firefox, however, as web browsers can be updated a number of times a year without notice, Devfeas Pty Ltd does not warrant nor represent that Feastudy will always operate as intended by us for any particular web browser. It also should be noted that no version of Microsoft’s Internet Explorer is suited for operating Feastudy.
4. INTELLECTUAL PROPERTY RIGHTS. Feastudy has been designed and developed by Devfeas Pty Ltd as trustee for MA & JW Trust. All copyright in Feastudy, including its Professional and Trial versions, is owned by and vests with MA & JW Trust and is protected by applicable intellectual property laws (such as copyright laws) and international treaty provisions. MA & JW Trust retains all rights not expressly granted in this agreement.
5. DISCLAIMER. Devfeas Pty Ltd declares that it has tested Feastudy extensively and every reasonable care has been taken to ensure premium system performance. However, neither Devfeas Pty Ltd nor MA & JW Trust can be held responsible for any damage to your computer system caused directly or indirectly by Feastudy. If Feastudy should prove to be faulty, please contact Devfeas Pty Ltd and we will produce an update of Feastudy that fixes the fault.
6. SERVICES LEVEL. We will make commercially reasonable efforts to keep our Services operational 24 hours a day and seven days a week, except for planned downtime for maintenance, upgrades and updates for which we will use commercially reasonable efforts to provide at least [48] hours prior notice, or (ii) for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks. Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Services or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend or discontinue all or any part of our Services at any time for any reason without liability to you.
7. PROTECTION. The User agrees to take reasonable steps to protect Feastudy and its documentation from unauthorised use. The User shall not disassemble or de-compile Feastudy. The User also agrees to provide all reasonable assistance to Devfeas Pty Ltd to help Devfeas Pty Ltd verify whether its copyright to Feastudy has been or is being infringed or whether Feastudy has been or is being used for unauthorised purposes, should Devfeas Pty Ltd request the User for such assistance. The User acknowledges that, for enabling Feastudy to be activated in licensed Professional or Trial mode, Devfeas Pty Ltd uses a system that requires the User to enter User’s name and passwords to activate and use the User’s account with Devfeas Pty Ltd and Feastudy. The User agrees to permit the said system to obtain the identifying information of certain data from the personal computers and devices on which the User activates and operates Feastudy in order for that system to identify and restrict the number of personal computers and other devices that may use Feastudy in licensed Professional or Trial mode.
8. OWNERSHIP. No title to, or ownership of, Feastudy or any of our other software is transferred to the User under this Agreement.
9. CONTENT. All data entered into Feastudy feasibility data files by the User and all Feastudy reports or graphic output produced by Feastudy for those files may be freely distributed by the User. However, neither Devfeas Pty Ltd nor MA & JW Trust will be held responsible for any illegal undertaking for which Feastudy has been used, including the illegal reproduction of copyrighted works, written, audio, audio-visual, not excluding any illegal action not mentioned herein. Copies of all feasibility data files that the User has created in Feastudy during the User’s authorised use of Feastudy shall be held in trust by Devfeas Pty Ltd during the Trial or Subscription period. Should the User not initiate or renew a Subscription to use Feastudy by payment of a relevant Subscription fee by the due date, Devfeas Pty Ltd shall hold, for a period of 90 days that follow the end of the User’s authorised use of Feastudy, copies of the feasibility data files that the User has created in Feastudy during the Trial or Subscription period so that, during the said period of 90 days, the User may download these data files or re-use them in Feastudy if the User pays a new and applicable Subscription fee to Devfeas Pty Ltd. After the expiration of the said period of 90 days, Devfeas Pty Ltd may delete the said feasibility data files. During the User’s use of Feastudy, the User agrees to Devfeas Pty Ltd creating and maintaining electronic logs which record information with respect to: the dates and times that the User accesses a webpage or pop-up window of Feastudy during the User’s use of Feastudy; and the IP addresses of, and the type of web browsers used on, the personal computers or other devices on which the User uses Feastudy.
10. SCOPE OF THESE TERMS AND CONDITIONS. In these terms and conditions a reference to: (a) “the Licence” or “this Licence” means any licence to use Feastudy which is granted to you subject to the terms and conditions of this service agreement; (b) “Feastudy” means the Professional and Trial versions of our Feastudy Online software and any of our other related software which you have been authorised to use by us and also includes any associated programs, files, libraries and documentation which we elect to provide to you. “Feastudy” includes any versions or enhancements of Feastudy that we might develop during the term of your Trial or Subscription to Feastudy; (c) “Services” means your access to and use of Feastudy and its related products and services; (d) “Subscription” means your licence to use Feastudy for a period of time for which a fee is payable by you; (e) “we”, “us” and “our” means Devfeas Pty Ltd as trustee for MA & JW Trust (ABN 35 743 531 226) the contact details of which are: (i) postal: PO Box 673 Oaklands Park, South Australia, Australia 5046, (ii) email: devfeas@devfeas.com.au, (iii) and telephone: +61 8 8322 9690; and (f) “you” or “your” means the party authorised by us to use Feastudy. Unless otherwise expressly agreed by us these terms and conditions govern all of the User’s use of Feastudy. Your completion of any registration process or payment of Subscription or other fees to us or your use of Feastudy signifies your acceptance of these terms and conditions.
11. DETAILS OF LICENCE. Subject to your compliance with these terms, including payment of all applicable Subscription fees to us, we grant to you a personal, non-exclusive, non-transferable, non-assignable, worldwide licence, permitting your use of Feastudy, subject to any constraints applicable to your category of Licence. Constraints may include limits on: (a) the number or type of personal computers or other devices on which Feastudy may be used; (b) the maximum number of concurrent users of Feastudy; or (c) the duration of your use of Feastudy (e.g. if a Trial Licence has been granted). You must only use Feastudy in accordance with the constraints applicable to your category of Licence (e.g. a licence to use the Trial version of Feastudy rather than a licence to use the Professional version of Feastudy). If a Trial Licence has been granted, you must not use Feastudy after the expiration of the Trial period for the purpose of creating feasibility data files unless you obtain a current Subscription to use the Professional version of Feastudy. If you wish to vary any applicable constraints, then, if we are willing to agree to vary the constraint(s), you must pay us our then applicable additional Subscription fees before we will permit such use. You must not attempt to circumvent any protection of Feastudy or remove any copyright or Feastudy’s protection statements embedded in Feastudy. We are not responsible for the supply of any operating system or application software or any other items that may be required by you to use Feastudy. Unless otherwise agreed by us in writing, you are responsible for activating and using Feastudy. You are not permitted to sublicense or assign the Licence, unless authorised by the Licensor. Under the Licence you acquire no rights to use or access the source code associated with Feastudy. You agree not to: (a) reverse assemble, reverse compile or decode Feastudy or to ascertain the source code by any means; or (b) use Feastudy in or for any other company or other legal entity. You agree that: (a) Feastudy is a valuable asset of ours and is supplied to you on a restricted basis; (b) you will not engage or permit third parties to use or modify Feastudy; (c) all copyright in Feastudy and all our other related software (including files, libraries and documentation) is retained by us and title to Feastudy, reproductions, adaptations, enhancements or translations made of Feastudy and any interfaces with Feastudy is also retained by us and to the extent necessary you hereby assign intellectual property rights in same to us; (d) at all times to take reasonable steps to protect Feastudy from unauthorised access and use; and (e) to give us notice of any infringement of copyright or any of our rights which comes to your attention.
12. MAINTENANCE & SUPPORT. Subject to your payment of the applicable Subscription fee to us for a Subscription period of either one month, two months, six months or twelve months, depending on the Subscription period which we offer to you and to which you accept, you are entitled, from the date of our receipt of your payment of the applicable Subscription fee, to “Feastudy Maintenance and Support Services” from us for your use of Feastudy. Such services shall comprise our supply to you of: (a) any updates of Feastudy which generally include any relevant corrections to but may contain some enhancements of Feastudy; (b) any upgrades of Feastudy which generally include significant enhancements of Feastudy; and (c) all reasonable operating and technical support for your use of Feastudy during the relevant Subscription period. In order to receive any Feastudy Maintenance and Support Services, you must comply with all our requirements relating to the provision of such services, including your provision of any reasonable and relevant information that we might require in the case of an error occurring in Feastudy during your operation of Feastudy. Such information may include data from feasibility data files that you have created or saved while using Feastudy and you hereby consent to us obtaining that data from your Feastudy account with us but only for the purpose of us analysing that data in order to correct relevant errors in Feastudy. You also hereby consent to the automatic installation of bug fixes or other modifications of Feastudy to the extent we elect to make such changes. We may arrange for a contractor to provide any maintenance and support services we elect to provide. For you to obtain any Feastudy Maintenance and Support Services from us for your use of Feastudy during the Subscription period immediately following your first or subsequent Subscription period, you must pay in advance the applicable Subscription fee as determined by us in our sole discretion. If you do not pay the applicable Subscription fee by the end of a Subscription period for the said services then, subject to the terms of this Licence, your Subscription to your use of Feastudy (except for the right to download feasibility data files for 90 days after your Subscription’s expiry as described above) and our Feastudy Maintenance and Support Services will be terminated.
13. ADDITIONAL SERVICES. We are only liable to provide the services specified in this Licence or which we have expressly agreed to provide in writing. Without limitation, we are not obliged to provide any training, installation, configuration or implementation services unless we have agreed to do so in writing. If you require any additional services, then you may request us to submit a proposal for the provision of those additional services. If we feel able to provide those additional services, then we will prepare a proposal identifying the additional services we will provide, our estimated schedule for the provision of the additional services and the fees payable for the additional services. In some circumstances we may require you to pay us to prepare a proposal relating to the provision of additional services.
14. DISCONTINUANCE AND TERMINATION OF LICENCE. You may terminate this Licence at any time on thirty (30) days’ written notice to us but reimbursement of any payments you have made to us as a Subscription fee shall not be owed to you if you do terminate your Subscription. Except for your right to download data for 90 days after your Subscription’s expiry (as described herein), this Licence will terminate immediately without us being required to give further notice to you if you fail to pay the Subscription fee when it is due. If you fail to remedy any breach of this Licence within fourteen (14) days after receipt of written notice (by email or by letter) from us requiring the breach to be remedied, this Licence will terminate immediately without us being required to give further notice to you. The termination of this Licence will be without prejudice to any rights which we may have. Upon termination of this Licence by us for whatever cause then, except for your right to download data for 90 days after your Licence’s expiry as described above in the case of termination due to your failure to pay the Subscription fee when it is due, we are discharged and released from all obligations under this Licence. Your obligations that you will not engage or permit third parties to use or modify Feastudy specified in this Licence will survive the termination of this Licence and you must continue to comply with those obligations notwithstanding the termination.
15. LIMITED WARRANTY AND DISCLAIMER. We warrant that we have the right and authority to grant a Licence to use Feastudy and that Feastudy, when used in a web browser approved by us, conforms as nearly as practicable to its published specifications. We will use reasonable endeavours to deliver Feastudy and provide any related services to you within agreed time frames but we shall not be liable for any delay arising from events of force majeure or any other cause whatsoever. Some laws (such as the Australian Competition and Consumer Act) imply conditions and warranties into certain contracts. Some laws do not allow those contracts to exclude, modify or restrict those implied terms (“non-excludable terms”). These conditions are limited so that they do not exclude, restrict or modify those non-excludable terms. To the extent permitted by law, our liability for breach of any non-excludable terms is limited, in our discretion, to re-supplying Feastudy or any related services or the cost of re-supply.
SUBJECT TO THE ABOVE WARRANTIES AND THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, FEASTUDY AND ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE NOR APPROVE THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT FEASTUDY OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF FEASTUDY WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR ENSURING THAT FEASTUDY AND ANY SERVICES WE PROVIDE WILL SATISFY YOUR REQUIREMENTS.
If circumstances arise where you are entitled to claim damages from us or any other party involved in the supply, support and maintenance of Feastudy or the provision of services relating to Feastudy (a “relevant party”), then notwithstanding the other provisions of this Licence, our liability (and the liability of any other relevant party) to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim including, without limitation, negligence) is limited to the lesser of: (a) the amount of any actual direct loss or damage which you sustain; (b) the amount of the Subscription fee most recently paid by you; and (c) our cost of replacing or repairing any defective part of Feastudy. We are not liable for losses or damages of third parties claimed against you caused by our negligence. In no event will we be liable for actual or anticipated lost profits, lost savings, lost or damaged data or any incidental or consequential damages even if we have been advised of the possibility of such damages.
16. ADDITIONAL TERMS. Neither party is responsible for failure to fulfil any obligation due to causes beyond their control. Due to the on-going nature of these provisions, we may vary them by giving you at least one month’s notice in writing before the variation takes effect and you may discontinue the Licence before the variation takes effect. If any provision of this Licence is found to be invalid, unenforceable or illegal, then that provision will be deemed to be deleted to the extent necessary to remove the invalid, unenforceable or illegal portion and the balance of this Licence will remain binding. You agree that this is the complete and exclusive statement of the agreement between you and us and that it supersedes all proposals or prior agreements, oral or written, and all other communications between all parties relating to the subject matter of this Licence. This Licence is made in accordance with, and is subject to, the laws of South Australia in Australia. You irrevocably agree to submit all disputes arising in connection with this Licence to the jurisdiction of the courts of South Australia.