The Service (defined below) is provided by TIME UNBARRED (ABN 23 623 476 773) (TIME UNBARRED, us, we, our). The term ‘You’ or ‘Your’ refers to the Customer.
By creating an Account and accessing the Service, You acknowledge that You have read, understood, and agree to be bound by this agreement which incorporates our Privacy Policy. If You do not agree to the terms of this agreement, You cannot use the Service.
The Service is a tool intended for use by Australian construction contractors to manage the notification and claims process for variations and delays in construction contracts between You and other parties. The Service automates the preparation of the relevant notification and claim forms, keeps track of specific time periods that are important to our claim and reminds You of these time periods via Your chosen communication method.
The Service is based on the terms and conditions found in a broad range of contracts that, in Our experience, are in frequent use around the English-speaking world.
As a result:
a. This agreement commences from the time You create Your Account and continues until terminated by either party (Term).
and we will endeavour to contact You immediately to inform You of this; or
Account | means the user account created by You in order to access the Service which contains, among other things, the Customer’s name, , contact details, payment details and choice of Access Plan. | |
Business Days | means Monday to Friday, excluding Western Australian public holidays. | |
Confidential Information | of a party means (whether or not in material form and whether or not disclosed before or after the execution of this agreement) any information of whatever kind disclosed or revealed by that party to the other in relation to this agreement that: | |
(a) is by its nature confidential; or | ||
(b) is designated by a party as confidential; or | ||
(c) the receiving party knows or reasonably ought to know is confidential, and includes information that: | ||
(d) relates to, or is confidential in relation to, a third party, if a party is under an obligation of confidence to that third party in relation to that information; | ||
(e) is information obtained or developed by the receiving party in whole or in part through observation or examination of confidential information, demonstrations, or materials supplied by the disclosing party or any analyses, compilations, studies or other information prepared by the receiving party which incorporates the disclosing party’s Confidential Information, and in our case includes the Service, Our Materials and the Feedback, and in Your case includes Your Data. |
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Customer | means the person or entity specified as the “Customer” in Your Account. | |
Feedback | means any and all feedback, comment, critique and analysis arising as a result of Your use (including Your Users’ use) of the Service and Our Materials and includes all feedback on the Service itself, ideas for improvements, changes, variations, enhancements, adaptations or modifications to the Service and Our Materials. | |
Intellectual Property Rights | means all: | |
(a) rights in inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, algorithms, methods or techniques; | ||
(b) 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; | ||
(c) trade marks (whether registered or unregistered) and domain names; | ||
(d) rights to prevent the use and disclosure of Confidential Information, including know-how; | ||
(e) proprietary rights under the Circuit Layouts Act 1989 (Cth). | ||
Losses | means the term defined in clause 12.3. | |
Our Materials | means any materials (not including Your Data) owned by us or produced by, on behalf of, or with us related to the performance of this agreement and includes, among other things: | |
(a) all content available on the Website including all text, data, forms, images, videos, but excluding Your Data; | ||
(b) user documentation and user manuals; | ||
(c) all documentation and other materials (include source code) created in providing the Support; | ||
(d) the Outputs; | ||
(e) all other source code, object code, software libraries and additional software including tracking links, application programming interfaces (i.e. APIs), software development kits (i.e. SDKs), plugins and server-side modules relating to the Service or provided by us to You for use with the Service. | ||
Outputs | means all reports, statistics, outputs and other analyses produced or generated by or through the Service. | |
Personal Information | has the meaning given to it by the Privacy Act 1988 (Cth). | |
Privacy Policy | means the Privacy Policy as amended from time to time available at our Website. | |
Service | means the online platform provided by us known as “Time Unbarred” consisting of: | |
(a) the Website; | ||
(b) the messaging service which allows messages to be sent by e-mail and text message from us to You and Your Users; | ||
(c) such other products as we may add from time to time by notice to You. | ||
Support | has the meaning given to it in clause 5.6. | |
Term | has the meaning given to it in clause 3. | |
Users | mean all users who are permitted to use the Service. | |
Website | means the website hosted at www.timeunbarred.com | |
Your Data | means all data, content, materials and information entered by You and Your Users into the Service, but excludes Feedback. | |
Your Systems | has the meaning given to it in clause 5.4(a)(i). | |
Your Users | means You, Your employees and authorised contractors whom the Customer allows to access and use the Service. | |
For more information, including a free demo, or for free onboarding if you are a subscriber, contact us.
© 2023 Time Unbarred. All Rights Reserved.