Citizen centred solutions for SAP

Terms & Conditions

1. Agreement

These Terms and Conditions (Terms), available at https://gravity-it.com/terms-and-conditions/, constitute a legally binding agreement (Agreement) between Gravity IT Pty Ltd ABN 78 143 251 834 of 198 Petrie Terrace, Petrie Terrace, Queensland 4000, Australia (GRAVITY IT, we, our, us) and any person (you or the User) who accesses our website https://gravity-it.com/ (Website), or accesses and/or uses a Software, Application, Update or other product or service provided by us (collectively, Services). These Terms govern your access to and use of the Services.
By accessing, downloading and/or using the Services you confirm that you have read and understood these Terms, and agree to be bound by them. If you do not agree to these Terms, you must immediately discontinue your use of the Services.
Gravity IT expressly rejects any alternative terms and conditions with respect to the Services, unless accepted by us in writing. We reserve the right to amend these Terms to the extent reasonably necessary in order to protect our legitimate business interests. Updated terms will be published on our Website and registered Users will be notified in accordance with clause 12. 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 after we have published an amendment to these Terms and notified you, then you will be deemed to have accepted the amended Terms.

2. Account

You may be required to register with us to use the Services.
You can register for a user account through the Services by providing us with your personal details (including your full name, email address, phone number and any other information we reasonably require) (Account). You may only register for an Account in your own name, and you must not provide another person’s personal information to register an Account.
The security of your password is important, as it can be used to access your personal information and other information stored on your Account. You must keep your password, and any record of it, confidential and keep it secure from any unauthorised access or use.
You must notify us as soon as reasonably practicable upon becoming aware of any unauthorised access to your account.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable, or if you have not complied with any of the obligations in these Terms.

3. Devices

Not all Devices can access and use the Services. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Services.
You acknowledge and agree we are not responsible for the inability of a Device to access the Services, or any loss or damage to a Device from your access and use or attempted access and use of the Services.

4. Scope of Permitted Use

You warrant that you will not, when accessing or using the Services, whether through our Website or https://store.sap.com/dcp/en/

use the Services for any purpose other than in accordance with these Terms or the applicable Third-Party Licence Terms;
interfere with the normal operations of the Services;
reverse-engineer, decompile, translate or disassemble the Services or any Content;
bypass, or attempt to bypass, any security features of the Services, or introduce, upload or transmit any Harmful Code to the Services;
copy, reproduce, distribute, publish or otherwise use the Services or any Content in any manner or for any purpose not expressly authorised by these Terms or the applicable Third-Party Licence Terms;
assign, transfer, sell, lease, license or sub-license the Services to any third party or dispose of, encumber or charge the Services in favour of a third party;
provide any third party with access to the Services other than as expressly permitted under these Terms or the applicable Third-Party Licence Terms;
challenge or repudiate or take any action to impair, prejudice or diminish the Intellectual Property Rights in the Services or any Content;
make any representations to a third party or the public regarding the Services, any Content or the Intellectual Property Rights in the Services or any Content;
remove or interfere with any copyright or trade mark notices contained within the Services or any Content;
demonstrate the Services for the purpose of engaging a person to replicate the functionality or features contained in the Services;
modify any documentation, instructions or manuals provided or made available in relation to the Services or any Content;
interfere with any third person’s use of the Services;
violate any person’s legal rights, or upload any information or data that is defamatory, or brings any person including us into disrepute;
breach of confidentiality obligations that you owe to any person including us; or
distribute misinformation, 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.

5. Software Services

If GRAVITY IT supplies proprietary software, your licence rights are set out in clause 8, and for Third Party Software, your licence rights are set out in clause 9 (collectively, Licence Terms).
If Software is provided "as a service" (i.e. hosted and made available through a cloud service), your access to and use of the Software is subject to and governed by the Licence Terms together with the cloud service provider’s then current standard terms, available at https://www.sap.com/australia/about/trust-center/agreements.html . Where cloud services are provided by a third party, GRAVITY IT is not liable for any loss or damage suffered by you as a result of any act or omission of the cloud service provider.

6. Service Availability, Support and Updates

You acknowledge that the Services may be hosted, managed and supported by a third party provider.
We will use commercially reasonable efforts to ensure the Services reflect the service levels prescribed by the cloud service provider, available at https://www.sap.com/about/trust-center/agreements/cloud/cloud-services.html?search=Service%20Level&sort=title_asc&tag=language%3Aenglish.
The Services may become unavailable or inaccessible from time to time for any scheduled Updates or as a result of events beyond our reasonable control, such as:
(i) failure or default by any of our third-party service providers;
(ii) abnormal usage volumes; or
(iii) breach of these Terms by, or negligence or malicious conduct of you or another person.
If that happens, we will use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Services as soon as reasonably practical.
The Services are provided on an ‘as is’ basis. We will use commercially reasonable endeavours to ensure that the Services are subject to security measures that are consistent with accepted industry standards. However, you accept that the Internet is not a fully secure environment, and we cannot guarantee that the Services will be secure, error free, uninterrupted or timely or that the Services are free of viruses, bugs or other Harmful Code or interference. You:

(i) provide information to us through the Services at your own risk; and
(ii) are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements and safeguard your own Device.
We may make Updates to the Services at any time. You acknowledge and agree that the Services may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the Services.

7. Professional Services and Support Services

Any Professional Services, including but not limited to implementation, configuration, customisation, or consultation services provided by GRAVITY IT in relation to the Software (including any deliverables) may be agreed upon in a separate agreement between the parties in writing.
Gravity IT may also provide Support Services for the Software as agreed upon in a separate agreement between the parties in writing.
To the extent of any inconsistencies between these Terms and any separate agreement for Professional or Support Services, the terms and conditions contained in the separate agreement shall prevail.

8. Intellectual Property Rights

We own or licence all right, title and interest in and to:
(i) the Services;
(ii) any Content; and
(iii) any Update, (collectively, ‘Our IP’)
Any rights not expressly granted to you in the Terms are reserved for us.
Subject to your compliance with these Terms, including clause 4 (Scope of Permitted Use), we grant you for the duration of the Term a non-exclusive, non-transferable, non-sub-licensable, revocable licence to:
(i) use the Intellectual Property Rights in the Services, Content and any Updates;
(ii) download, copy or store any portion of Content contained in the Services to which you have properly gained access;
for the purposes of using the Services and Content in accordance with these Terms.
Except as explicitly permitted under these Terms, you must not, without our prior written consent and/or the consent of any other owner of relevant Intellectual Property Rights, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way Our IP or any third-party Intellectual Property Rights contained on the Services, for any purpose, unless otherwise provided by these Terms.
On becoming aware of any claim or allegation by a third party against you that your use of Our IP infringes the Intellectual Property Rights of that third party, you must:
(i) promptly notify us in writing, giving full particulars of any infringement, suspected infringement or alleged infringement;
(ii) give us the option to conduct the defence of such a claim, including negotiations for settlement or compromise (whether before or after institution of legal proceedings);
(iii) provide us with any assistance we reasonably require to defend such a claim; and
(iv) authorise us to modify the Services or replace elements of it, to render the Services non-infringing without materially diminishing its functionality; or to obtain for your benefit the authority to continue the access and use of the Services, provided that if neither can be achieved using reasonable commercial efforts, we may terminate the Terms (or the relevant part) by written notice.
Subject to the paragraphs below, you grant us a non-exclusive, worldwide, non-transferable, sub-licensable, royalty-free licence to use the User Data for the purposes of providing the Services in accordance with the Terms or otherwise exercising our rights under the Terms, as well as the right to copy, reformat, edit or translate the User Data.
You grant us a non-exclusive, worldwide, non-transferable, sub-licensable, perpetual and irrevocable royalty-free licence to use the User Data in a de-identified and aggregated form for research purposes and for the purposes of creating analytics and databases to improve or otherwise develop the Services. As between the parties, we own all right, title and interest in such research, analytics and databases.
By making Contributions available to or via the Services, you grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, sub-licensable, transferable, royalty-free, worldwide licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for the purpose of providing the Services and our related business operations (including commercial, advertising, or other operations), and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
To the extent that our use of your Contributions in the manner contemplated by this clause 8 and otherwise under these Terms would interfere with your or any other person’s moral rights (within the meaning of the Copyright Act 1968 (Cth)), you consent (and agree to obtain all relevant consents from relevant individuals) to those uses of those Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any Intellectual Property Rights or other proprietary rights associated with your Contributions, subject to this clause 87.

9. Third Party Software

This clause applies to the extent that you purchase or subscribe to Third Party Software in connection with these Terms. The supply of Third Party Software is independent of the provision of the Services.
Where Gravity IT supplies Third Party Software to you, you acknowledge and agree that its access to and use of such Third Party Software is governed by the third party licence terms, including any applicable end user licence agreement, between you and the licensor (Third Party Licence Terms) and you are solely responsible for your compliance with such Third Party Licence Terms.
You acknowledge and agree that we make no representations and give no warranties in respect of the Third Party Software, including that the Third Party Software is fit for any particular purpose.

10. Third-Party Content and Third-Party Websites

All information displayed on our Services 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). You must only use Third-Party Content in accordance with these Terms and any applicable third-party terms.
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.
We may include links to third party websites in our Services, for example, www.sap.com. You access such websites at your own risk. We have no control over the content of such websites, and they do not form part of the Services. We exclude all liability and responsibility for any loss or damage you may suffer as a result of your accessing or trying to access any third-party websites.

11. Privacy

Your privacy is important to us. We may ask you to, or you may provide, personal information when you use our Services. The way in which we collect, use and disclose your personal information is set out in our Privacy Policy, available at https://gravity-it.com/privacy/.
Our Privacy Policy explains our commitment to the protection of your personal information. By providing your personal information to GRAVITY IT through the Services and by using our Services, you agree to us:
(i) collecting, using, and processing your personal information in accordance with our Privacy Policy and these Terms; and
(ii) using your personal information to send you communications electronically for the purposes of complying with our obligations under these Terms (for example, an email advising you that these Terms have changed) or to update you about our Services.
We will only send you marketing material by electronic communications if you have given us permission to do so. By agreeing to these Terms, you give us this permission unless you have already told us that you do not give your consent. You have the right to opt-out of electronic marketing at any time. Further, where we send you an electronic communication other than a communication containing no more than factual information, we will give you the option of not receiving further communications of that nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.
If you become aware of or suspect any misuse or loss of, or unauthorised access to or disclosure of, your personal information in connection with the Services, you must let us know immediately.

12. Notifications

We may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password.
Other types of notifications are voluntary and may be modified through the Services. They may be customised, deactivated or reactivated by you.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Services. You must ensure that you always have a current email address associated with your Account.
Because notifications are not encrypted, we will never include your password. However, notifications may include your Account login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Services-related notices as needed to allow us to provide you the Services.

13. Analytics, cookies and web beacons

You acknowledge and agree we may use analytics on, or engage third party data analytics services providers for, the Services which enable us to track your activity on the Services, monitor usage patterns, further develop and improve the Services, and to offer relevant information to you. If you do not want us to access, collect or use your information for this purpose, you may close your Account.
We may use cookies to collect, store, and track information for security and personalisation, to operate the Services, and for statistical purposes. If you choose to decline cookies, you may not be able to fully experience the features of the Services. For further information on how we use 'cookies' and 'web beacons', please refer to our Privacy Policy, available at https://gravity-it.com/privacy.

14. Subscription

You may purchase a subscription to use the Services via your Account (‘Subscription’) for the period you select (‘Subscription Term’), on payment of the Fee notified to you at the time of purchase (‘Subscription Fee’).
GRAVITY IT will charge you for the Subscription Fee directly or via such other payment mechanism as it determines in its reasonable discretion (such as via a third-party supplier or in-app purchase functionality).
Your Subscription Term will commence on the date you pay the Subscription Fee and will automatically renew at the end of each Subscription Term unless cancelled.
You consent to our charging your payment method for the Subscription Fee on a recurring basis at the end of each Subscription Term without requiring your prior approval for each recurring charge, until such time as you cancel the applicable Subscription.
You can cancel your Subscription at any time via your Account. If you cancel your Subscription, you will be able to continue using your Subscription for the remainder of the then-current Subscription Term. You will not be charged a Subscription Fee again at the end of that Subscription Term.
We may, from time to time, make changes to the Subscription Fee applicable to your Subscription, or implement additional fees for our Services on 30 days’ written notice to you.
Where we have elected to introduce additional fees for our Services, you may elect to not utilise the features of the Services that would incur these additional charges.
(i) you will be charged at your existing Subscription Fee where your Subscription Term renews during that 30-day notice period; and
(ii) the Subscription Fee payable from the end of this 30-day notice period will be subject to the revised rate.

15. Fees, Invoicing and GST

You will pay the Fees which are specified and invoiced by us in accordance with your order.
All prices are in Australian dollars, unless otherwise specified.
If GST is payable on any supply made under or in relation to these Terms, the recipient of the supply must pay the GST Amount to the supplier in addition to and at the same time as the net amount payable for the supply.
If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled, for any acquisition relating to that payment or reimbursement.
Terms used in this clause 15 and not defined in this Agreement have the same meaning as under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

16. Payment Processing

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.
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.
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.

17. Limitation of Liability

The Australian Consumer Law (‘ACL’) in the Competition and Consumer Act 2010 (Cth) (Schedule 2) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties or remedies relating to the Services which cannot be excluded, restricted, qualified or modified by us (‘Non-Excludable Rights’). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
Neither party is liable to the other for any Consequential Loss arising out of or in connection with the Terms or the Services.
To the extent permitted by law, if any Non-Excludable Right is imposed and we are able to limit its liability, then our liability to you for any damage, loss, cost, expense or liability arising out of, as a result of your use of the Services will be limited to:
(i) in the case of products or goods: replacement or repair of the products or goods or supplying the equivalent products or goods again; or paying the cost of replacing or repairing the products or goods or of acquiring equivalent products or goods; and
(ii) as applicable, in the case of services: supplying the services again; or paying the cost of having the Services supplied again.
Each party's liability arising out of or in connection with these Terms whether in contract, equity, negligence, tort or for breach of statute or otherwise, including under a warranty or indemnity, will be reduced by the extent, if any, to which the other party's breach of these Terms or negligence caused or contributed to the liability.
To the maximum extent permitted by law, except as otherwise expressly stated in these Terms, Gravity IT’s total aggregate liability (including the liability of our directors, officers and employees), whether in contract, tort (including negligence), under statute or otherwise, for any loss, liability, cost, damage, expense or claim (including loss of profit or revenue, loss of use, legal costs and defence or settlement costs), is limited to the lesser of:
(i) The Fees paid under these Terms in the twelve (12) months following the Commencement Date; or
(ii) $75,000 AUD.

18. Warranties

Except for any express warranties in the Terms, to the extent permitted by law, we exclude all conditions, guarantees and warranties, whether express or implied, statutory or otherwise.
We do not warrant and have no liability to any party (including to you) in relation to the accuracy, completeness or reliability of Content of the Services supplied by third parties or other Users.
We warrant to you that your access to and use of the Services in accordance with the Terms will not, to our actual knowledge at the date of the Terms, infringe the Intellectual Property Rights of any person in Australia.
We will not be liable in relation to any breach of the warranty given in paragraph (c) where the infringement is caused or contributed to by:
(i) your use of the Services in a manner which is inconsistent with the rights granted under the Terms, or with any documentation or written operating instructions or guidelines provided by us;
(ii) your use of the Services other than in the normal and customary manner for the purposes for which it is designed;
(iii) the combination of the Services with any materials are not supplied by us; or
(iv) data provided to us or entered on the Services by you, including the User Data.

19. Indemnity

To the extent permitted by law, you agree to indemnify us and hold harmless us and our, and its directors, officers, employees, agents and representatives, (together, the Indemnified Parties) from and against any and all claims, demands, actions, judgments, losses, liabilities, damages, costs and expenses (including legal costs on a solicitor-client basis) that an Indemnified Party incurs or suffers as a result of, or arising out of or in connection with:
(i) your Contributions;
(ii) your use of the Services;
(iii) your material breach of the Terms;
(iv) your infringement or violation of the rights of any third party (including Intellectual Property Rights); or
(v) any overt harmful act toward any other User of the Services with whom you connect via the Services; except to the extent arising from:
(vi) our breach of any of our warranties or obligations under these Terms; or
(vii) negligence or wilful misconduct on the part of one or more of the Indemnified Partie
The obligations under this clause 19 survive termination of the Terms. We reserve the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with our reasonable requests in asserting any available defences.

20. Term, Suspension and Termination

This Agreement commences from the date you first download or use the Services (whichever is earlier) (‘Commencement Date’) and will continue until terminated in accordance with these Terms (‘Term’).
We may suspend your access to and use of the Services at any time for Updates, planned maintenance, or due to Force Majeure Events impacting on the availability of the Services.
Without limiting our right to terminate, we may suspend your access to or use of the Services via your Account or otherwise if:
(i) you fail to make payment and have not rectified the non-payment within seven (7) days from receiving written notice to do so; or
(ii) your use of the Services breaches or threatens to breach a material term of this Agreement (in our reasonable opinion), including but not limited to threatening the security, integrity or availability of the Services.
We will use commercially reasonable efforts to notify you of any such suspension.
We may terminate this Agreement for convenience by given you not less than ninety (90) days’ written notice. You may terminate this Agreement by cancelling your subscription to our Services in accordance with clause 14.
Either party may terminate this Agreement at any time with immediate effect if the other party:
(i) is in material breach of any of its obligations under this Agreement and it has not rectified the breach within thirty (30) days from receiving written notice requiring it to do so;
(ii) suffers a Force Majeure Event which continues for more than sixty (60) days;
(iii) suffers an Insolvency Event.
You acknowledge and agree that you may lose saved data (such as User Data or Contributions) if your access to the Services is suspended or terminated and, to the extent permitted by law, we are not responsible for any such loss.

21. Dispute Resolution

If any dispute or difference arises between the parties with respect to the construction, effect or operation of this Agreement, or with respect to any matter connected with this Agreement or arising out of it (‘Dispute’), the parties must take the following steps to attempt to resolve the Dispute:

either party may serve a written notice on the other party stating the nature of the Dispute and invoking the dispute resolution process set out in this clause 21 (‘Dispute Notice’);
the parties must meet within ten (10) Business Days after the date of the receipt of the Dispute Notice, or such other period as the parties agree in writing and negotiate in good faith to resolve the Dispute;
if the Dispute is not resolved in accordance with this clause 21 within twenty (20) Business Days of the date of the Dispute Notice, or such other period as the parties agree in writing, the Dispute will be referred to mediation with the parties to agree on a mediator who possesses the requisite skills and qualifications to assist the Parties in resolving the Dispute. The parties will equally share all the costs of the mediation, including without limitation any fees charged by mediator; and
other than proceedings for urgent interlocutory relief, a party may not commence or maintain any proceedings in any court with respect to a Dispute unless and until that party has complied with the procedures in this clause 21.

22. General Provisions

These Terms shall be governed by the laws of the State of Queensland, Australia. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Brisbane, Queensland for the purpose of litigating any dispute.
You may not assign or transfer your rights or obligations under this Agreement, in whole or in part, without our prior written consent, not to be unreasonably withheld. We may assign, transfer or novate our rights and obligations under this Agreement without your prior written consent.
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.
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.
These Terms represent the entire agreement between you and us, and your access to and use of the Services. The Terms supersedes all prior agreements and representations between us.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
This Agreement may be executed electronically in any number of counterparts, all of which taken together are deemed to constitute the same Agreement.
Any provision of these Terms that is expressed to survive, or by its nature survives, the termination or expiry of this Agreement will survive the expiry or termination of this Agreement and will continue in effect.

23. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at compliance@gravity-it.com .

24. Definitions

Account means a user account to access and use the Services as defined in clause 2;
Agreement is defined in clause 1;
Application means any application forming part of the Services which GRAVITY IT may provide to you from time to time;
Commencement Date is defined in clause 20;
Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or Services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data);
Content means any content that we make available on or via the Services, including audio, video, text, photographs, and graphics, or any other material in an electronic format, including software, including any Third-Party Content or third-party Contributions;
Contributions means any content and materials a User publishes, distributes, or broadcasts to us or other users of the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material;
Device means a computer, tablet, cell / mobile phone, and/or any hardware, servers and operating systems used to access services and/or solutions;
Fees mean any fees payable by you to us for our Services, including Subscription Fees;
Force Majeure Event means an event which is beyond the reasonable control of the party affected, whether foreseeable or otherwise, and which could not have been prevented by the party affected exercising reasonable diligence and includes an act of God, earthquake, cyclone, fire, explosion, flood, landslide, lightning strike, storm, tempest, drought, war or pandemic (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection, explosion, government intervention, act of public enemy, sabotage, malicious damage, terrorism, civil unrest; contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel, confiscation, requisition, expropriation, prohibition, embargo, damage to property by or under the order of any government authority, strikes at a national level or industrial disputes at a national level, or any failure of the internet or telecommunications services, any failure of public service, absence of transport facilities, absence of raw material supplies, plant breakdown or failure of plant to perform to expected specifications;
Harmful Code means “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device”, “DoS attacks”, “DDoS attacks”, “virus” or any other malware, spyware or computer software routine having the effect of permitting unauthorised access to or use of any system, network or software, or disabling, damaging, corrupting, interrupting or erasing, or disrupting or impairing the normal operation of, any part of any system, network or software;
Insolvency Event means in respect of a party, the occurrence of one or more of the following events: an application or order is made for the winding up or dissolution or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of the company;
Intellectual Property Rights means any intellectual property rights anywhere in the world, whether or not now existing, including rights in relation to copyright (registered or unregistered), inventions (including patents, innovation patents and utility models), confidential information, technical information and know-how, registered and unregistered designs, registered and unregistered trade marks, circuit layout rights and rights in databases;
Non-Excludable Rights is defined in clause 17;
Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles, together with all codes of conduct, statutory codes and regulatory guidelines applicable to the protection and handling of Personal Information in Australia, as amended, updated or replaced from time to time;
Professional Services means the services described as such in a separate agreement agreed in writing by the parties from time to time;
Services means the Website, any Software, Application and/or Updates, and other products or services, including Professional and Support Services, GRAVITY IT may provide to you from time to time;
Software means any software forming part of the Services which GRAVITY IT may provide to you from time to time;
Subscription is defined in clause 14;
Subscription Fee is defined in clause 14;
Subscription Term is defined in clause 14;
Support Services means the services described as such in a separate agreement agreed in writing by the parties from time to time; Term is defined in clause 19;
Third-Party Content is defined in clause 10;
Third-Party Software means any services which we resell on behalf of a third party to you;
Update means an update or modification to the Site, which may include changes for maintenance, addition or removal of features or functionality, or redesign, of the Site;
User is defined in clause 1;
User Data means certain data that you transmit to the Services, including data relating to your use of the Services; and
Website means Gravity IT’s website available at https://gravity-it.com.

Last updated: March 2025