1.        Your Acceptance of these EUT

1.1    These EUT govern your access to and use of each of these things:

1.1.1     The Website, Games, and Tools.

1.1.2     Any database, information, content or other materials (such as product specifications) that are incorporated into, form part of, or are made available through, or in connection with, the Website, Games, or Tools by I-GL, or by its licensors.

1.2    By accessing, or using, the Website, Games, or Tools you agree to these EUT. If you do not agree to these EUT, then you must immediately do both these things:

1.2.1     Stop using, the Website, Games, or Tools.

1.2.2     Delete any local files associated with the Website, Games, or Tools.

2.1    If you access, download or use the Website, Games, or Tools in the course of your employment, your study, or as a representative (of any kind, including agent, contractor, volunteer, friend, family member, or colleague) of a third party, then your employer, educational institution or the relevant third party (referred to as the Customer) will have accepted additional Terms and Conditions with I-GL. Under those additional Terms and Conditions, we have agreed to permit you to access, download or use the Website, Games, or Tools as long as you agree to these EUT.

2.2    If you bought a licence for the Website, Games, or Tools for yourself, then you have personally agreed to the additional Terms and Conditions referred to in 2.1 and they apply to you for as long as you use the Website, Games, or Tools.

2.3    You warrant both these things:

2.3.1     You have read, or been informed of, your obligations in those additional Terms and Conditions.

2.3.2     You will comply with your obligations in those additional Terms and Conditions in either of the following ways:

(a)     Under clause 2.1 as if you were a party to them.

(b)     Under clause 2.2 as a party to them.

3.1    I-GL may from time to time change these EUT at its sole discretion. I-GL will use reasonable commercial endeavours to notify you of any changes to these EUT. I-GL may publish the EUT and any changes to it either via the Website, Games, or Tools (including by way of updates and new releases that I-GL makes).

3.2    The EUT that applies to your access to, and use of, the Website, Games, or Tools is the current version published by I-GL at the time you access, or use, the Website, Games, or Tool.

3.3    By continuing to access or use the Website, Games, and Tools after any changes to the EUT, you agree to be bound by the changed EUT.

4.1    As long as you comply with these EUT, I-GL grants you the right during the term of the Terms and Conditions referred to in clause 2.1 or 2.2 (as applicable) to use the Website, Games, and Tools solely for the Customer's internal business or education purposes.—

5.1    While you use, or access, the Website, Games, or Tools, you must not do any of the activities listed in clauses 5.1.1 to 5.1.13:

5.1.1           Post, distribute, upload, publish or disseminate any illegal, discriminatory, threatening, defamatory or offensive content.

5.1.2           Post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.

5.1.3           Use the Website, Games, or Tools in any manner which might damage, disable, overburden, or impair the Website, Games, and Tools or interfere with any other user’s use and enjoyment of the Website, Games, or Tools, such as a denial of service attack.

5.1.4           Fail to comply with all applicable laws, rules and regulations including without limitation, laws related to copyright.

5.1.5           Engage in any conduct which may infringe any third party’s rights, including intellectual property rights.

5.1.6           Copy, modify, translate, reproduce, alter, create any derivative work, or otherwise customise your access to and use of all or any portion of the Website, Games, or Tools (or attempt to do any of those things) unless the law both permits you to do so and does not allow us and you to agree to the contrary.

5.1.7           Display, disclose, sell, resell, transfer, licence, rent access to, lease, loan, provide or distribute all or any portion of the Games to any third party.

5.1.8           Use the Website, Games, or Tools to send or enable the sending of (including by providing data to a third party) direct marketing whether for your benefit or the benefit of a third party.

5.1.9           Remove, alter, cover or obfuscate any copyright notices, trade mark notices, attributions or other proprietary rights notices placed or embedded on or in Website, Games, or Tools.

5.1.10        Un-bundle any components of the Website, Games, or Tools unless the law both permits you to do so and does not allow us and you to agree to the contrary.

5.1.11        Use any data made available by the Website, Games, or Tools to create a replica or duplicate directory for monetisation.

5.1.12        Reverse assemble, reverse compile or otherwise attempt to gain access to the source code of all or any portion of the Website, Games, or Tools, for example by trying to bypass any security measures.

5.1.13        Download (other than page caching) or modify the Website, Games, or Tools or any portion of the Website, Games, or Tools.

6.1    I-GL excludes all implied representations, warranties, terms and conditions of any kind whatsoever to the fullest extent the law permits in connection with the Website, Games, or Tools. It does so whether they are implied by common law, statute or otherwise. You acknowledge that the Website, Games, or Tools are provided “as is.” So, I-GL makes no guarantee of any drafting, or plain language improvement, for users.

6.2    To the fullest extent the law permits, I-GL makes no warranty that any of the following are the case:

6.2.1           The Website, Games, or Tools will meet your requirements.

6.2.2           The Website, Games, or Tools will be uninterrupted, timely or secure.

6.2.3           There will be no errors in the Website, Games, or Tools or that I-GL will fix any errors.

6.3    I-GL excludes the application, or availability, of any express or implied statutory rights, representations, warranties, terms or conditions or guarantees in connection with the Website, Games, or Tools.  This includes representations, warranties or guarantees in relation to fitness for purpose, merchantable quality or non-infringement of third party rights.

6.4    However, despite clauses 6.1 to 6.3, nothing in these EUT is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation that may not be excluded, restricted or modified by agreement. Therefore, the exclusions of, and limitations on, I-GL’s liability in these EUT do not apply in respect of any such statutory rights, representations, warranties, terms or conditions or guarantees.

6.5    If I-GL’s liability with respect to any statutory rights, representations, warranties, terms or conditions or guarantees may not be excluded, but may be restricted or modified by agreement, then I-GL’s liability is limited to (at I-GL’s election) one of the following:

6.5.1           Supplying the services again.

6.5.2           Paying the cost of having the services supplied again.

6.6    You accept sole responsibility and all risk for using the Website, Games, or Tools. I-GL does not accept any liability for any loss or damage that may be incurred as a result of using the Website, Games, Tools, or any I-GL Content. That includes any damage caused to your computer, hardware, software or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the Website, Games, Tools, or I-GL content.

6.7    You accept and acknowledge that the pricing offered for access to the Website, Games, and Tools is based on this clause 6 (Warranty) and the following clause 7 (Limitation of Liability).

7.1    To the maximum extent the law permits, and despite any other provision of these EUT, the total aggregate liability of I-GL in connection with the Website, Games, and Tools (whether arising under these EUT or otherwise) will not exceed the price paid for you to use the Website, Game and Tools.

7.2    To the extent the law permits, I-GL will have no liability to you in respect of any loss of profits, wasted expenditure, business interruption, loss of data, anticipated savings, loss of goodwill, loss of data or for any indirect, consequential or special loss or damage that you may suffer or incur, or which may arise directly or indirectly, in respect of the Website, Games, or Tools (including your access to and use of the Website, Games, or Tools). This exclusion of liability applies whether, or not, either, or both, of the following is the case:

7.2.1     The loss or damage was foreseeable or contemplated, or ought to have been foreseeable or contemplated, by I-GL.

7.2.2     I-GL was advised of the possibility of such loss or damage.

7.3    However, 7.2, does not apply to the extent that the loss or damage is caused by I-GL’s fraud or wilful misconduct.

8.1    These EUT are governed by, and to be construed in accordance with, the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

8.2    We make no representation or warranty that any services, information or content accessible through the Website, Games, or Tools is appropriate or available for use in locations outside Australia. If you choose to access the Website, Games, or Tools from other locations, then you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website, Games, and Tools from any location where doing so would be illegal.

8.3    You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, then you will be responsible for checking whether such restrictions apply before uploading any information to any of the Website, Games, or Tools. If you are outside Australia, then you will become the importer and will be liable to pay local taxes, tariffs, or duties, and you will assume all liability under any customs or import laws and regulations.

9.1    When you are using the Website, Games, or Tools, we may collect personal information about you, including your name (unless you have used a pseudonym), your role and your email address. We have collected this information to facilitate your access and use of our Website, Games, or Tools.  If you do not provide us with your email address, then we will not be able to register your account with us and enable you to access the Website, Games, or Tools.  For more information about how we use and disclose your personal information, and for details regarding how to access your personal information or make a complaint regarding privacy, please refer to our privacy policy. 

9.2    You agree that we may provide any results and other insights from your use of the Website, Games, or Tools to the Customer.

10.1 We do not guarantee that use of the Website, Games, and Tools will improve a user’s plain language writing skills.

10.2 Users are solely responsible for any output produced and any drafting techniques developed through use of the Website, Games, or Tools.

Subject to any provision to the contrary, these EUT endure to the benefit of, and be binding on, the parties and their successors, trustees, permitted assigns or receivers. But the EUT do not endure to the benefit of any other persons. The covenants, conditions and provisions of these EUT that are capable of having effect after these EUT end remain in full force and effect after the EUT ends.