Terms of Service

These Terms of Service constitute the entire agreement between you and Jolt Systems, a business of Foundation Networks Pty Ltd as trustee for the Burgess Family Trust ("we / us") in relation to your use of the Gigosphere website, gigosphere.com, and associated software and services ("our platform"). By using our platform, you agree to these terms.

1. Acceptance of Terms

Entire agreement: By creating an account on our platform you accept and agree to be bound by the terms and provisions of this agreement. You further acknowledge that we may modify these Terms at any time and in our absolute discretion, with notice to users, and that continued use of our platform implies your acceptance of the revised terms.

Eligibility: You acknowledge that you are legally authorised to create an account and enter into this agreement on behalf of yourself and the organisation you represent. You warrant that any information you provide to us in relation to your use of our platform, including information you submit while creating your account, is true, accurate and complete.

2. User License

EULA: While your account remains in good standing and has not been suspended or terminated for cause or otherwise you are granted a limited non-exclusive license to access and utilise our platform and to maintain your data on our platform using its various functions as they have been implemented from time to time.

3. Limitation of Liability

No warranty: Our platform is provided on an "as is" and "as available" basis and, except as required by law, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will meet Your specific requirements, be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Indemnity: You agree to indemnify us against any damage or loss you suffer, either directly or indirectly, through your use of our platform.

Third-Party Services and Links: Our platform may integrate with or contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites, applications, or services.

Force Majeure: We shall not be liable for any delay or failure to perform our obligations under these Terms resulting from any cause beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials, or any other force majeure event.

4. Service Availability

Service Availability and Disclaimer: While we strive to ensure our platform is available 24/7, We do not guarantee uninterrupted access or error-free operation. Our platform may be unavailable due to maintenance, upgrades, system failures, or other reasons beyond our control. We will use commercially reasonable efforts to notify you of any planned downtime.

5. Prohibited Conduct

User Conduct and Prohibited Uses: You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Prohibited conduct includes, but is not limited to:

• Engaging in any illegal activities, including fraud, harassment, or defamation.
• Uploading or transmitting any material that is discriminatory, obscene, offensive, hateful, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity.
• Attempting to gain unauthorised access to our platform, other user accounts, or computer systems or networks connected to our platform.
• Interfering with or disrupting the integrity or performance of our platform or data contained therein.
• Introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access our platform in a manner that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional on-line web browser.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of our Platform or any part thereof.
• Collecting or harvesting any personally identifiable information, including account names, from our platform.

6. Intellectual Property

Intellectual Property Rights: All intellectual property rights in our platform, including without limitation, copyrights, patents, trademarks, trade secrets, and other proprietary rights, are owned by us or our licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platform, except as generally and ordinarily permitted through our platform's functionality. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of our platform in breach of the Terms, your license to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. Data

Data ownership: All data, information, and content, including but not limited to text, images, audio, video, or files, uploaded, submitted, stored, transmitted, created, or otherwise made available by You ("user data") using our platform remains your sole property. We do not claim ownership of your user data.

License to use data: You grant us a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your user data solely for the purpose of providing, maintaining, and improving our platform, and for performing our obligations under these Terms of Service. This license terminates upon the termination of your use of our platform, except where required by law or for reasonable archival purposes.

Data security: We take commercially reasonable technical and organisational measures designed to protect your user data against unauthorised access, use, alteration, or disclosure. However, no data transmission over the internet or storage system can be guaranteed to be 100% secure. You acknowledge and agree that you use our platform at your own risk.

Data privacy: Our collection, use, and protection of your user data are governed by our Privacy Policy, available at https://gigosphere.com/legal/privacy-policy, which is incorporated into these Terms by reference. You agree to the terms of our Privacy Policy.

User responsibility for data: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all user data. You warrant that you have all necessary rights, licenses, and permissions to upload and use the user data as contemplated by the use of our platform and these Terms of Service.

Data retention and deletion: Upon termination of your account or your use of our platform, we will retain your user data for a period specified in Our Privacy Policy, or as required by applicable law, after which it will be deleted in accordance with our data retention policies. You are responsible for exporting your user data prior to termination.

Aggregated and anonymised data: Notwithstanding anything to the contrary, we may collect, use, and share aggregated and anonymised data derived from your use of our platform and your user data, provided that such data cannot reasonably identify you or any individual. This aggregated and anonymised data may be used for analytical purposes, to improve our platform, or for other legitimate business purposes.

8. Payments and Remittances

Payment collection services: To facilitate any transactions you conduct on our platform, we may provide payment collection services via third-party payment processors, such as Stripe. By using these services, You authorise us to collect payments on your behalf and to share your relevant user data (e.g., your identity, transaction details, billing information) with such payment processors as necessary to process payments. You acknowledge and agree that you are also subject to the terms and conditions of these third-party payment processors (e.g., Stripe's Connected Account Agreement), and it is your responsibility to review and comply with them. We reserve the right to recover or deduct any applicable fees, costs, or commissions associated with payment processing from the collected funds before remitting them to You.

Escrow and payment schedule: You agree and authorise us to hold any funds collected on your behalf in an escrow account or similar arrangement, in accordance with our established payment schedule and policies. Funds will be released to you after any applicable fees, costs, or commissions have been deducted, and subject to our advertised timelines or conditions.

No interest: You acknowledge that no interest will be earned on funds held in escrow. We reserve the right to temporarily withhold the release of funds in cases of suspected fraud, chargebacks, refunds, or other payment disputes until such issues are resolved to our satisfaction.

9. General Provisions

Governing Law and Dispute Resolution: These Terms shall be governed by and construed in accordance with the laws of the State of Victoria in the Commonwealth of Australia, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Courts of Victoria, Australia.

Interpretation: In these Terms, unless the context otherwise requires: (a) words importing the singular include the plural and vice versa; and (b) headings are for convenience only and do not affect the interpretation of these Terms.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Contact

If you have any questions or feedback about these Terms of Service, please contact us by clicking the Feedback button at the bottom of this web page.