By accessing and/or utilising any information, products or services available at the Argo Computing Services website, you agree to be bound by the terms and conditions detailed below. These terms and conditions are subject to change at the sole discretion of Argo Computing Services.
In this agreement, unless the context otherwise requires:
- "You" refers to those person(s) who wish to access the service subject to and on the terms and conditions of this agreement.
- "Content" means the information made available to you through the Site.
- "Argo Computing" means Argo Computing Services Pty Ltd ACN 084 560 109 .
- "The Argo Computing website" means the online information service located at www.argocomputing.com.au and its sub domains (i.e. dcportal.argocomputing.com.au, etc.), which Argo Computing has developed and is the proprietor of.
- "Site" means all or any of the applications contained on the Argo Computing website.
- “Survey Manager” - A person or organisation who is responsible for Survey Creation, Publishing. They also receive the results of Data Collection Process.
- “Respondent” - People who complete surveys on line. These could related to a Client as Customers, Staff, Supplies, etc.
2. Application and variation of these terms
- Your use of the Site is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions.
- Argo Computing may at any time, at its sole discretion, amend, vary or modify these terms and conditions.
- Argo Computing may give notice on the Site of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Site.
- Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.
3. Your acknowledgements
You acknowledge that:
- Argo Computing Services Pty Ltd is a provider of products and services which allow Australian and overseas subjects (persons or organisations) to conduct business.
- While Argo Computing Services provides the information on this Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information.
- There are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content.
- You should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the Internet accessed via this Site or otherwise (Related Site).
- All artifacts created as a result of users doing their work on the site become a property of Argo Computing
- No royalty or other demands can be claimed for reuse of the above by Argo Computing.
- Argo Computing unconditionally retains full ownership of the System (IP on source code, other system artifacts).
- The site is only providing a framework for its clients to conduct business electronically.
- You cannot resale the services offered without written permission from Argo Computing.
- The site is only an instrument. It is the users’ job to create and publish content of a good value and quality.
- Argo Computing will be notified of any error/problems with the service or resulting data promptly within a period of (3 days).
- Argo Computing Services does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Argo Computing liability for such an event is limited to the resupply of those files.
- Sometimes the site is used as a Data Collection Portal; it allows persons and organizations to collect survey/electronic forms data from their audience on line. Once collected this information is sent to the originators of those survey/electronic forms.
4. Provision of service
- Argo Computing Services may without notice suspend the Site or disconnect or deny you access to any part of the Site:
- during any technical failure, modification or maintenance involved in the Site, provided that Argo Computing Services will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable
- if you fail to comply with any agreement with Argo Computing Services, or
- if you do, or allow to be done, anything which in Argo Computing opinion may have the effect of jeopardising the operation of the Site.
- Argo Computing Services may make improvements and/or changes to the Site or Contents at any time without notice.
5. Access to the service
- You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by Argo Computing from time to time to enable you to use any specific Service. You agree to notify Argo Computing Services immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.
- You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.
- You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Argo Computing Services.
6. Use of the service
- You agree to comply with all directions pertaining to the access and use of the Site granted to you by Argo Computing Services.
- You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.
- When you act as a Survey Manager you’ll use the site as a framework for data collection and you will be responsible for creating and publishing surveys that will allow you to collect useful data set. You will also be responsible for all communications with the Respondents.
- When you use our site to collect data from your respondent, you’ll receive the result data set once the completions are done. We do not have to keep old surveys and the completion data for your future referencing.
- It will be your responsibility to make sure the information provided by the Respondents is collected and used in accordance to the governing laws.
- You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Argo Computing Services.
- Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.
- You shall not, in any event, modify Content or create any derivative works without the prior written consent of Argo Computing Services.
- When you find an error or other problem with the data set which you get as part of our Data Collection service will be notified about such issue within 1 working day of the data delivery.
- If no such notification took place, it will mean that the client (Survey Manager is satisfied with the service provided).
7. Disclaimer of liability
- Argo Computing Services and its respective directors, officers and agents:
- exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Argo Computing website or any Related Site
- are under no obligation to update any information or materials on the Argo Computing Services website, or correct any inaccuracy on the Site which may become apparent at a later time
- do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Trade Practices Act 1974 (Cth)
- disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Argo Computing Services, its directors, officers, employees and agents.
- The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. Argo Computing Services does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any linked site. Reliance on any such advice, statements and opinions is at your own risk.
8. Liability and indemnity
- Except in relation to liability for personal injury, Argo Computing Services shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from Argo Computing negligence or otherwise, on the part of Argo Computing to comply with its obligations under this agreement.
- You agree to fully indemnify and hold Argo Computing Services harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Argo Computing Services as a result of a breach by you of your obligations under this agreement or any willful, unlawful or negligent act or omission by you.
- Without prejudice to any other rights Argo Computing Services may have under this Agreement or at law or in equity, Argo Computing Services may terminate this Agreement at any time.
You cannot assign your rights under this agreement without the prior written consent of Argo Computing Services.
11. Governing law
The laws of the Commonwealth of Australia govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, in the Commonwealth of Australia.
12. Schedule charges
From time to time a charge may be levied for usage of products and services. Charges will be notified to you. You need to pay for the services provided within 14 days of the Invoice date. You could be charged interest if you do not pay on time.