Terms Of Use

IMPORTANT: PLEASE READ CAREFULLY AS BY CREATING AN ACCOUNT OR UTILIZING THE STRATEGY X SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Welcome to the StrategyX service, website or mobile application (Platform). Your use of the Platform is subject to this Software as a Service Agreement (SaaS Agreement) and Privacy Policy (collectively, the "Agreement") and constitutes a legal agreement between You and Outsourced Global Limited ("StrategyX") for use of the Service.

Definitions

Account means the account You create, including any access credentials (such as a username and password) in order to access the Platform.

Business Day means a day other than a Saturday, Sunday or public holiday in Australia.

Content means any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform.

Intellectual Property means:

• inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques;
• copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
• trade and service marks (whether registered or unregistered), domain names, branding and marketing materials; and
• proprietary rights under the Circuit Layouts Act 1989 (Cth).

Intellectual Property Rights means such rights as may subsist in the Intellectual Property.

Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or ascertained, actual or contingent.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Platform means the StrategyX website or mobile application.

Privacy Policy means the StrategyX privacy policy available for download at Privacy Policy.

Service means StrategyX online Strategy Execution software platform.

You refers to any individual who creates an Account on the Platform, or, if the Platform is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Platform on behalf of Your employer, you represent and warrant that You have the authority to enter into this Agreement on its behalf. If You do not agree with the terms of this Agreement, or are not authorised to enter into the Agreement on behalf of Your employer, You must not use the Platform.

We means StrategyX.

General

As needs change, we reserve the right to modify or amend the Agreement at any time and for any reason without notice or acceptance by You. The Agreement will also be applicable to the use of the Platform on a trial basis. By using the Service, you signify your acceptance of this Agreement. The Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any material changes to the Agreement will be posted prior to their implementation.

If you would like to ask a question about this policy, you can send it by email or post:

Email: [email protected]

The Platform

The Platform allows You access to and use of a single StrategyX Account. You can access the Services by connecting to the Platform via any Internet browser supported by the Platform. By using the Platform, you agree to the collection, storage and use of your personal information (as outlined in our Privacy Policy) on servers located in the United States and Australia.

Grant of Licence

Subject to this Agreement, StrategyX grants to You a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license and right to access and use the hosted Platform, Content, and other materials provided by StrategyX in strict accordance with this Agreement and solely for purposes of using the Platform and obtaining the Services. No right is granted to you to reproduce, the Platform in whole or in part.

Use, reproduction, modification, distribution or storage of any Content for anything other than purposes of using the Platform and obtaining the Services is expressly prohibited without prior written permission from Strategy X. You must not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. All rights not expressly granted under this Agreement are retained by StrategyX. New features that enhance the current Service are also be subject to the Agreement.

You understand and agree that the Platform may include certain communications from StrategyX and that these communications are considered part of the Services and You will not be able to opt out of receiving them. You agree not to access the Platform by any means other than through the interfaces provided by StrategyX for use in accessing the Service. StrategyX will provide the Services in accordance with this Agreement and may at its sole discretion modify the features of the Services from time to time without prior notice to You.

Your Responsibilities

You are responsible for any and all information you publish by way of the Platform and warrant that all the information provided is true and accurate and does not breach any third party intellectual property or any of the terms of this Agreement.

You acknowledge and agree that it is your responsibility to notify StrategyX immediately if You become aware of any security breach with respect to the Platform or access to the Services.

Data Collection and Personal Information

By using the Platform, you agree to the collection, storage and use of your Personal Information (as outlined in our Privacy Policy) on servers located in the United States and Australia.

Upgrade Procedures

From time to time we will update the Platform. These updates are generally done without interruption to the service however in some cases use of the Platform may be suspended for a certain amount of time. Where use of the Platform must be suspended, we will provide notification of when an upgrade will occur and the impact to the service.

Support

Support requests can be logged via [email protected] and are usually responded to within one Business Day of receiving a request. Alternatively, users can request a callback via our website.

Prohibited Use

You agree that You will NOT:

• use the Platform or access the Services for any unlawful, unauthorized, fraudulent or malicious purpose, including to defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as the rights of privacy) of any other person or entity;
• copy, reproduce, alter, modify, adapt, sublicense, translate, sell, reverse engineer, decompile disassemble or exploit any portion of the Platform to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of StrategyX or any other third party unless prior written consent of StrategyX has been given;
• upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Platform or networks connected to the Platform or through the use of the Services, or interfere with any requirements, procedures, policies or regulations of networks connected to our website or through the use of the Platform, or otherwise interfere with the Platform in any way, including through the use of scripts and coding;
• bypass any measures StrategyX may use to prevent or restrict access to the Platform or otherwise interfere with any other party’s use of the Platform;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• use your Account or the Services to infringe any intellectual property or other right of any other third party;
• breach any applicable laws or regulations;
• use the Platform in breach of the terms of this Agreement; or
• engage in any other conduct which StrategyX considers, in its absolute discretion, breaches the terms of this Agreement.

You agree:

• the StrategyX is not liable for the accuracy or currency of the information you provide or upload to the Platform;
• to maintain accurate, complete and up-to-date Account details, including valid payment methods; and
• your failure to maintain accurate Account details may result in your inability to access the Platform and use the Services.

Intellectual Property

You acknowledge and agree that StrategyX is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Content and, unless the subject of open source licensing, You must not reproduce or replicate any part of the Content or the layout or design of the Platform.

Your use of the Platform does not provide you with any Intellectual Property Rights in the Platform or Content.

You may download and view the Content, or print a copy of the material on the Platform for personal, non-commercial use, provided that You do not modify the Content in any way, including by removing any copyright or trade mark notice.

All trade marks and logos displayed on the Platform are the property of their respective owners and are protected by applicable trade mark and copyright laws.

No Liability

You acknowledge and agree that StrategyX is not responsible for any errors or omissions in the information you provide or upload to the Platform.

StrategyX does not warrant or guarantee:

• the accuracy of the Content;
• that the Content will be free from viruses (including malware or spyware) or other destructive properties; or
• that the operation of the Platform will be uninterrupted or error free.

To the extent permitted by law, StrategyX is not liable to You or any other third party for any Loss or Claim in connection with Your use of the Platform or Services.

Indemnity

You indemnify StrategyX from and against any Loss or Claim arising out of, or in connection with, Your breach of the terms of this Agreement, the violation or breach of any laws, or the infringement of the rights of any third party.

Termination

You may cancel the service at any time by providing written notice to StrategyX. The cancellation will take effect 30 days after the notice is received. We also reserve the right to suspend or terminate the Service at any time without notice to You if we consider, in our sole discretion, that You are not complying with the terms of this Agreement or are using the Services in a manner we consider may cause us legal or financial liability.

Subscription and Payments

By creating your StrategyX Account and providing us with the details of your Valid Credit Card, you authorise us to charge a monthly Service fee in advance at the then current monthly rate for the Service ( Subscription).

Your access to the Platform may include a free trial period ( Promotional Offer). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer at our absolute discretion.

We will commence billing your monthly Subscription fees at the end of the free trial period, unless You cancel your Account before the end of the free trial period. It's your responsibility to know when Your free trial period ends. This Agreement continues month to month unless You cancel Your Subscription or we terminate this Agreement in accordance with the terms set out above.

If your Account did not commence with a free trial or you cancel your Account at any time after the end of your free trial, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the Service removed from this date. Because of the nature of the digital services offered we do not offer refunds or pro-rated returns on your subscription to StrategyX.

Dispute Resolution

• Notice of Dispute
  • If a dispute arises in connection with this Agreement, a party to the dispute must give to the other party to the dispute notice specifying the dispute and requiring its resolution under this clause (Dispute Notice ).
  • After the receipt of a Dispute Notice , the parties must negotiate in good faith to resolve the dispute.

• Submission to mediation

If the dispute is not resolved within 21 days after the Notice of Dispute is given to the other party (First Period), the dispute is by this clause 14 submitted to mediation at a location agreed between the parties and with a mediator appointed and agreed between the parties.

• Appointment of mediator
  • If the parties have not agreed upon the location, mediator and the mediator’s remuneration within 7 days after the First Period:
    • the location shall be NSW;
    • the mediator is the person appointed by; and
    • the remuneration of the mediator is the amount or rate determined by,

  the President of the NSW Chapter of the Institute of Arbitrators and Mediators Australia (President) or the President’s nominee, acting on the request of any party to the dispute.

  • The parties must pay the mediator’s remuneration in equal shares.
  • Each party must pay its own costs of the mediation.

• Resolution of dispute

If the dispute is not resolved within 28 days after the appointment of the mediator (Second Period), the parties will be free to resolve the dispute by any other means they deem fit.

General

• Governing Law

This SaaS Agreement is to be governed by and construed in accordance with the laws of Australia. Each party submits to the exclusive jurisdiction and venue of the state and federal courts located within Australia with respect to any litigation arising out of the breach of enforcement of this SaaS Agreement.

• Severability

Where any provision of this SaaS Agreement is invalid or not enforceable in accordance with its terms, other provisions of the SaaS Agreement which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.

• Waiver

The waiver by StrategyX of a breach of any provision of this SaaS Agreement must not operate or be construed as a waiver of any subsequent breach.

• Entire Agreement; Binding Effect

This SaaS Agreement is the entire agreement between the parties in relation to the subject matter of this SaaS Agreement and supersedes any prior agreement, oral or written, in relation to the subject matter of the SaaS Agreement. This SaaS Agreement may only be amended or modified in writing by StrategyX. Your rights and obligations under this SaaS Agreement cannot be assigned or delegated except that, should the company be acquired by, or its control otherwise be vested in, another entity, this SaaS Agreement will be binding up and inure to the benefit of the successor entity