Terms of Use

tilista.com
WEBSITE TERMS OF USE
1 Terms of Use

1.1 The website, located at tilista.com (Website) is provided by Tilista Pty Ltd ABN 48 619 482 781 (Tilista).

1.2 By using the Website you agree to be bound by the terms and conditions set out below (Terms of Use).

1.3 In these Terms of Use, a reference to "we" or "us" is a reference to Tilista.

1.4 A reference to "you" or "your" in these Terms of Use is a reference to any person accessing, viewing or using the Website, including a Registered User.

1.5 The Terms of Use also incorporate and include the following terms and conditions:
  • (a) Tilista Privacy Policy (also located on website)

  • 2 Registration and Use

    2.1 You may use the Website to assist you in managing and scheduling your tasks and workload (the Service).

    2.2 In order to use the Service, you will need to register as a user (Registered User) and create an account (Account). If you are under the age of eighteen (18) years you are unable to create an Account without the prior permission of your parent or legal guardian. You acknowledge that if you are under the age of eighteen (18) years, you have sought your parent or legal guardian's permission prior to creating an Account.

    2.3 You may only use the Website and the Service for personal use and/or use within your business or profession (Purpose).

    2.4 Registered Users may access the Website at any time, unless we have restricted access to perform maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors outside our control and we do not accept any responsibility for those factors such as the quality of your internet connection, the type of computer or mobile device used to access the Website and your software.

    2.5 You acknowledge that you have no rights in, or to, the Website or technology used to support the Website, other than the right to use the Website in accordance with the Terms of Use.

    3 Account

    3.1 It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access.

    3.2 You agree to provide accurate and complete information when you become a Registered User and create your Account.

    3.3 As the Registered User, you agree and accept all responsibility for the registration and use of your Account.

    4 Limitations on Use

    4.1 By accessing and using the Website you warrant and agree that you will not:
  • (a) use the Website or Service for any purpose other than the Purpose;
  • (b) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
  • (c) hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
  • (d) use the Website for any activity which is obscene, indecent, offensive or defamatory;
  • (e) hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;
  • (f) tamper with, hinder the operation of or make unauthorised modifications to the Website;
  • (g) use the Website with an incompatible or unauthorised device;
  • (h) upload any material onto the Website, or use the Website in any way which:
  • (i) infringes the intellectual property rights of any person; or
  • (ii) is unlawful or violates any law;
  • (i) breach any other terms of the Terms of Use or our Privacy Policy.

  • 5 Technical information and Security

    5.1 The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, you access it at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise, which arises in connection with your use of the Website.

    5.2 You acknowledge that it is your responsibility to:
  • (a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
  • (b) ensure that whatever you select for your use in the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.

  • 5.3 We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

    6 Intellectual Property

    6.1 The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

    6.2 You should assume that any intellectual property in the Website is owned by Tilista or third parties and unless permitted by law, you must not:
  • (a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
  • (b) commercialise any information, products or services obtained from any part of the Website without our prior written consent.


  • 7 Service Subscriptions

    7.1 Once you have logged into your Account with your username and password you may use the Service.

    7.2 Only Registered Users can use the Service.

    7.3 There may be Services in the Website that require payment before the service can be processed (Paid Subscriptions). Paid Subscriptions will not be provided until payment in full has been received by us.

    7.4 Paid Subscriptions must be paid online through the Website or a secure payment site (if applicable). The prices displayed on the Website for Paid Subscriptions are current at the time of display but are subject to change. All prices are advertised in Australian dollars and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

    7.5 You warrant and agree that you will:
  • (a) be responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to enable us to provide the Service;
  • (b) keep your Account details including your username and password confidential and secure;
  • (c) be solely responsible for all Paid Subscriptions made through your Account.

  • 7.6 We take no responsibility for any error, omission or cost arising from your use of the Service which is caused by your failure or delay to provide accurate and complete information to us.

    7.7 We reserve the right to accept, cancel or reject any application for use of the Services for any reason including, without limitation, where the Service is not available, there is an interference or disruption with the Website, the application has been made in breach of these Terms of Use. You acknowledge that, subject to us refunding any payment received from you, you have no right or claim against us for any loss, damage, cost or expense arising from our cancellation of the Service.

    7.8 We acknowledge that under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees and warranties may be implied into these Terms of Use (Non-Excluded Guarantees). Nothing in these Terms of Use purports to modify or exclude the Non-Excluded Guarantees.

    7.9 To the maximum extent permitted at law, the liability of Tilista and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns, for a failure to comply with a Non-Excluded Guarantee, is limited to, at Tilista’s option:
  • (a) resupplying the Service; or
  • (b) the cancellation of the Service and refund of any amounts paid.

  • 7.10 In circumstances where the Non-Excluded Guarantees do not apply, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to, use of the Service or Paid Subscription.

    7.11 You acknowledge that you do not rely on the skill or judgment of us when deciding whether or not the Service is fit for any particular purpose.

    8 Third Party Websites

    8.1 The Website may contain links to websites owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.

    8.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.

    8.3 We make no representations or warranties and are not liable for:
  • (a) the content or accuracy of any information contained in linked websites and third party websites; and
  • (b) any loss or damage suffered as a result of access to, or use of, these third party websites, or the reliance on the information contained within.

  • 8.4 You must make your own enquires as to the suitability of the content of third party websites and the goods and services available for sale on them.

    8.5 Third party websites may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

    9 Content Standards

    9.1 These content standards apply to any and all material that you contribute to our Website, which may include text, information, images and feedback, comments or suggestions on the Website and Service provided, and other types of content (Contribution).

    9.2 By uploading, transmitting, posting or otherwise making any Contribution you:
  • (a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose;
  • (b) warrant that the Contribution is accurate (where you state fact); is genuinely held (where they state opinions); and complies with any applicable law in Australia; and
  • (c) you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Contribution.

  • 9.3 We reserve the right (but have no obligation) to:
  • (a) prevent the upload, transmission, posting or otherwise making available of any Contribution from a user of the Website;
  • (b) review, modify, reformat, reject or remove any Contribution uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • (c) monitor the use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms of Use or for the purposes of any police investigation or governmental request.

  • 9.4 You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available on the Website.

    9.5 You acknowledge and agree that any Contribution made by you must not:
  • (a) contain any material that is defamatory of any person;
  • (a) contain any material that is obscene, offensive, hateful or inflammatory;
  • (b) promote sexually explicit material;
  • (c) promote violence;
  • (d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • (e) infringe the intellectual property rights of any person;
  • (f) be likely to deceive any person;
  • (g) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • (h) promote illegal activity;
  • (i) give the impression that they emanate from us, if this is not the case; or
  • (j) contain links or reference to other services or websites.

  • 9.6 By allowing you to upload, post, transmit or otherwise make available your Contribution on the Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.

    10 Email Notifications

    10.1 When you create an Account you agree to us sending you communications via email (Email Notifications). You may choose to stop receiving Email Notifications at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.

    10.2 If you do not opt-out from Email Notifications, the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

    11 Suspension or Termination

    11.1 We reserve the right to suspend or terminate your access to the Website and your Account at our sole discretion if we believe there has been a breach of these Terms of Use.

    11.2 In the above instances, we will endeavour to notify you of the breach and ways in which you can remedy it.

    11.3 Should you fail to remedy the breach within a reasonable time, you must immediately cease to access and use the Website.

    11.4 We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms of Use.

    11.5 You have the right to terminate this agreement under the Terms of Use by deleting your Account and ceasing use of the Website.

    12 Exclusion of Warranties

    12.1 The Service is provided in good faith and is designed to assist you to manage and schedule your tasks and workload. The Service is not designed for mission critical, hazardous or life dependant situations.

    12.2 While we endeavour to ensure the accuracy and completeness of the Service, it may contain errors and omissions and is subject to the information you input and provide to us.

    12.3 The Website uses underlying algorithms to provide the Service and assist Registered Users in scheduling tasks. Due to the complex nature of task scheduling and the broad range of inputs, we take no responsibility for the quality, accuracy, completeness, reliability or legality of the information produced by the algorithms and you rely upon them at your own risk.

    12.4 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
  • (a) any material and/or information on the Website;
  • (b) the performance and availability of the Website;
  • (c) the loss, damage or corruption of any data or other material as a result of the use of the Website.

  • 12.5 Where liability cannot be excluded, any warranty by us in relation to the use of the Website is limited as provided under the Competition and Consumer Act 2010 (Cth).

    13 Limitation of Liability

    13.1 To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:
  • (a) the use of, or reliance on, the Service and any of the information or material on the Website;
  • (b) the use of other third party linked websites;
  • (c) the unauthorised access of your Account;
  • (d) the suspension, termination or interruption of the Website in whole or in part for whatever reason;
  • (e) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.

  • 13.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

    13.3 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website.

    14 Privacy

    14.1 You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account will be held by us in accordance with our Privacy Policy, located on our website.

    15 General

    15.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time and such amendment will be effective immediately upon appearing on the Website. Please ensure that you review these Terms of Use regularly as your continued use of the Service and Website will be deemed acceptance to any variation of the Terms of Use.

    15.2 If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

    15.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

    15.4 The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those courts.

    15.5 For further information on using this Service, please contact us via the Contact link on our webpage..