Gravity IT Terms & Conditions

 

1) Introduction

Welcome to Gravity IT Pty Ltd, ABN 78 143 251 834 of 198 Petrie Terrace, Petrie Terrace, Queensland 4000, Australia, a SAP solutions provider (we, our, us). All users (you, yourself) of any service or application provided by us to you will be governed as regards to such applications or service by these Terms and Conditions (Terms).  These are our Terms for use of our Applications or business content or Service provided by us which you may access/acquire. The use of any Application, Service or feature available to you from our website https://gravity-it.com or https://store.sap.com/dcp/en/ shall be governed by these Terms:

2) Terms of Use

  1. You agree that if you use any of the Services on offer by us or you acquire any Application from our website then an agreement is immediately created, and you will be bound by these Terms.
  2. These Terms govern the provision of all Services and the licencing of any Application and the website through us and their use by you.
  3. The validity of any alternative terms and conditions that conflict with these Terms is expressly not accepted and rejected unless we have expressly agreed to the alternative terms and conditions in writing. This abrogation of any alternative terms and conditions applies even if we have performed a service reservation in the knowledge of the alternative terms and conditions that conflict with these Terms.
  4. We reserve the right to amend these Terms by publishing any amendments on our website noted above.  You should visit our website regularly to satisfy yourself that you agree to be bound by any amendment to these Terms.  If you continue to use any of our Services or Applications after we have published an amendment to these Terms, then you will be deemed to have accepted the amended Terms.

3) Service Availability

A claim to the use of available Services or Applications is exclusively within the framework of the technical and operational capabilities of us. We are entitled at any time to cease operation of the Services or Applications in whole or in part. Due to the nature of the Internet, computer systems and mobile devices we assume no responsibility or liability for the continuous availability of any of the Services.

4) Hyperlinks

Our website, Services or Applications may contain hyperlinks to third party websites. We assume no responsibility or make any representation that we are adopting or endorsing these websites and their contents as we have no control over the linked information, and we are not responsible for the content provided via these other websites. Any use by you is at your own risk.

5) Content Protection and Third-Party Content

  1. All information displayed on our website, Services and Applications:
  1. Is protected by copyright or other proprietary rights and are either owned by us or we have permission to display such third-party information (“Third-Party Content”),
  2. must only be used in accordance with these Terms.
  1. We have not checked any Third-Party Content for completeness, accuracy and legality and therefore we do not assume any responsibility or liability for the lack of completeness, accuracy, legality and timeliness of the Third-Party Content. This is also true as to the quality of any Third-Party Content and its suitability for a particular purpose.

6) Scope of Permitted Use

You warrant that you will not, when accessing our website, or utilising any Service provided by us, or when using any Application that you have accessed via our website or https://store.sap.com/dcp/en/:

  1. harm or violate any personal rights of any person especially any minor,
  2. violate any person’s legal rights,
  3. do anything that is contrary to morality when accessing our website,
  4. infringe any intellectual property rights vested in any person including us,
  5. upload any data, information or application that contains any viruses, trojan horses, key-loggers, or similar malware,
  6. breach of confidentiality obligations that you owe to any person including us,
  7. distribute advertising or unsolicited e-mails (“spam”) or inaccurate warnings of viruses, malfunctions, and the like to participate in contests, pyramid schemes, chain letters, pyramid game or similar activities,
  8. Distribute any misinformation via the website or any Application or Service that you have accessed via either website,
  9. Upload any information or data that is defamatory, or brings any person including us into disrepute,
  10. Interfere with the normal operations of the website or any Application or Service accessed via either website,
  11. Interfere with any third person’s use of the website or any the use of any Application or Service accessed via either website.

7) Data Protection

  1. We take the issue of privacy very seriously and as such any personal identifiable information collect via any Service or Application will, subject to paragraphs (b) and (c) of this clause, only be used in accordance with the Australian Privacy Principles detailed in the Australian Privacy Act 1989 (Cth) as amended.
  2. If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information, we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
    • You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
    • You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.
    • You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.
    • You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this Policy.
    • You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defence of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.
    • You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defence of legal claims.
    • You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.
    • You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.
  3. If you reside in California, you may be afforded certain additional rights with respect of your Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a Californian resident, this section may apply to you. We specifically state that the Service is not designed for personal, family or household use and as such the CCPA should not apply but just in case a Court having jurisdiction decides otherwise then:
    • In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.
    • Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

8) Cookies

  1. Our Website and Services use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services.
  2. We may use cookies to collect, store, and track information for security and personalization, to operate the Website and Services, and for statistical purposes. Please note that you have the ability to accept or decline cookies. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

9) Payment Processing

  1. In case of Services requiring payment, you may need to provide your credit card details or other payment account information, which will be used solely for processing payments. We use third-party payment processors (“Payment Processors”) to assist us in processing your payment information securely.
  2. Payment Processors adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.  Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with strict vulnerability standards in order to create as secure of an environment as possible for you. You acknowledge that we will share payment data with the Payment Processors only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds.
  3. Please note that the Payment Processors may collect some Personal Information from you, which allows them to process your payments (e.g., your email address, address, credit card details, and bank account number) and handle all the steps in the payment process through their systems, including data collection and data processing. The Payment Processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

10) Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT BETWEEN US AND YOU:

  1. IT IS SOLELY YOUR RESPONSIBILITY TO INFORM AND SATISFY YOURSELF OF ANY RELEVANT POLICIES AND PRACTICES PUBLISHED BY US ARE ACCEPTABLE,
  2. THAT ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF YOUR DATA ARE ACCEPTABLE,
  3. YOU GRANT TO US ANY RIGHTS, PERMISSIONS, OR CONSENTS CONCERNING YOUR DATA THAT ARE NECESSARY FOR THE LAWFUL USE OF YOUR DATA AND THE OPERATION OF THE SERVICE,
  4. YOU ACKNOWLEDGE THAT THE TRANSFER AND PROCESSING OF YOUR DATA UNDER THE THESE TERMS ARE LAWFUL,
  5. YOU WILL PROMPTLY RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON YOUR DATA OR ANY DATA RELATING TO ANY OTHER USER, THE SERVICE, OR OUR FAILURE TO FULFILL THESE OBLIGATIONS,
  6. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

11) Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR ACCESS TO A SERVICE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY AND THE LIABILITY OF OUR LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
  2. The Service is a business tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws in any jurisdiction do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude, or modify any statutory warranties, guarantees, rights, or remedies you have, and our liability is limited (at our option) to the replacement, repair, or resupply of the Service.

12) Alerts and Notifications

By entering into the Agreement that incorporates these Terms or using the Service, you agree to receive communications from us, including e-mails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

13) Dispute Resolution

  1. YOU MUST READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. THE PARTIES AAGREE THAT BEFORE ANY LITIGATION IS COMMENCED THE PARTIES WILL COMPLY WITH THE PROCEDURES DETAILED IN THIS CLAUSE.
  2. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
  3. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to these Terms or any Service or any Application acquired via our website will be settled by binding arbitration administered by the Australian Disputes Centre (ADC) in accordance with its arbitration rules and the arbitration shall be conducted in Brisbane in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules).
  4. The arbitrator, and not any Federal or State court, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Agreement, including, but not limited to any Claim that all or any part of the Agreement is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
  5. In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect.
  6. Any Claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
  7. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods.

14) General Provisions

  1. Except as provided in Clause 13, any agreement created via these Terms is governed by the laws of the State of Queensland, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Brisbane, Queensland Australia for the purpose of litigating any dispute.
  2. You may not assign or transfer any agreement created via these Terms or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign any agreement created via these Terms at any time without notice or consent.
  3. If any portion of these Terms are held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms.
  4. No waiver by us of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
  5. These Terms represents the complete agreement between the parties regarding the subject matter set forth herein and supersedes all prior agreements and representations between the Parties.
  6. If you have subscribed to access our Service then these Terms remain effective until your subscription related to your use of the Service expires or terminates, or your Account has been terminated by you or us in accordance with these Terms.

15) Definitions

Account means if you have signed up for a Service via our website the account subscribed for via our website.

Agreement means an agreement created via our website that incorporates these Terms.

Application means any Gravity IT software application that is capable of being downloaded from our website and which you have acquired via our website, and which is licenced to you by us under these Terms.

Service means the Gravity IT services provided by us to you whilst these Terms remain in force which are detailed on our website.