LEAP WebsiteTM Terms And Conditions 

Definitions

  • "You" and "Your" mean the client detailed on the signup page.
  • "LEAPTM" means the LEAP Group of Level 8, 189 Kent Street, Sydney, NSW, Australia.
  • "LEAP Group" means LEAP Legal Software Pty Ltd and its associated entities.
  • ABN: 68 085 029 885.
  • "System" means LEAP’s online LEAP WebsiteTM services.
  • "Fees" means the fees paid to LEAP for use of the System and associated services

General Terms

 

1. When You May Use the Service

 

If you create an account to use the service, you may start using the service as soon as you have finished the sign–up process. As indicated during the setup process, some parts of the service may not be available right away while we configure them for your use.

 

2. How You May Use the Service

 

In using the service, you will

  • comply with all laws,
  • comply with any codes of conduct or other notices we provide,
  • keep your password secret, and
  • promptly notify us if you learn of a security breach related to the service.

3. How You May Not Use the Service

 

In using the service, you may not

  • use the service in any way that is against the law or harms LEAP or its affiliates, resellers, distributors, and/or vendors
  • damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service,
  • resell or redistribute the service, or any part of the service, unless you have a reseller contract with LEAP that permits you to do so,
  • upload, post, e-mail, or otherwise make available any content that incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence, is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, piracy and counterfeiting, gambling, drugs, online pharmacies, copyright and other intellectual property laws, defamation, libel, and rights of privacy,
  • use the service to sell, market, distribute or advertise, or facilitate the sale, marketing, distribution or advertising of illegal gambling (including online casinos, sports books, bingo, and poker), illicit drugs, pharmaceuticals, or controlled substances, counterfeit, pirated, or stolen goods, goods that are considered indecent, obscene, or pornographic, Nazi memorabilia, registered or unregistered securities, or any goods or services that if sold via the service would cause LEAP or you to violate any laws and regulations,
  • use any unauthorised means to modify or reroute, or attempt to reroute the service.

4. Your Account

 

You will establish a service account and password for the service. You are responsible for all activity under your account, associated accounts, and passwords.

 

5. How We May Change This Contract

 

LEAP may change this contract at any time without notice. If we make a material change to this contract, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed contract.

 

6. You Are Responsible for Backing Up

 

You are responsible for maintaining and backing up your data that you create, use, and store with the service. Your data includes any information and materials that you create and use with the service and store on LEAP servers, including documents, files, Web site content, and information and data related to keywords and advertising campaigns. Upon termination or cancellation of the service by you or us for any reason, LEAP may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.

You must notify LEAP in writing if you have any obligation to retain your data and you wish LEAP to retain the data on its servers so you or others can retrieve it. We may charge you additional fees for storage and retrieval of the data.

 

7. Charges and Billing

 

This section applies in all situations in which you pay LEAP for a service.

 

Payment. When you sign up for the service, you will provide a payment method. You confirm that you are authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. If the amount to be charged to your payment method is greater than the amount you pre-authorized, we will tell you the amount at least 30 days before we charge you.

 

Charges. Your service will be provided on a monthly basis which we will charge you for in advance.

 

Updates to your Billing Account. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. To change details please contact the support desk at leapwebsite@leap.com.au.

 

Trial Period Offers. You may use LEAP WebsiteTM Trial / Test site. All data from these sites will be removed weekly and LEAP will not guarantee the trial site for any period.

 

Prices and Price Increases. We may change the price of the service from time to time, but we will give you at least 30 days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect

 

Late Payments. LEAP may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable legal fees and costs. We may suspend or cancel your service if you do not pay in full and on time.

 

8. Changes to the Service; Cancellation or Termination

 

By LEAP. We may change the service at any time and for any reason without notice. If we cancel a particular service or feature, we will make commercially reasonable efforts to replace it with a comparable service or feature, but we are not obligated to do so. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account. If we cancel the service without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.

 

By You. You may cancel your service at any time for any reason. Contact the help desk at leapwebsite@leap.com.au to do so.

 

Data. Upon termination or cancellation of the service by you or us for any reason, LEAP may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data for your site at all times.

 

Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.

 

9. Limits On Service

 

LEAP may establish limits on the service. For example, we may limit

  • the maximum storage space on LEAP’s servers available to you,
  • the amount of bandwidth available for traffic to a Web site that we host for you,
  • If you exceed the published service limits, LEAP reserves the right to cancel your service.

10. LEAP Does Not Have Editorial Control

 

Content. LEAP, you and your account users may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Web sites (“content”) on the service. The service includes publicly accessible areas, such as a public Web site that LEAP hosts for you.

 

Intellectual property rights. LEAP does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others’ copyrights and intellectual property rights violates this contract. You represent and warrant that the use and publication of the content by you and others does not violate the intellectual property rights of any third party. You understand that LEAP may remove content at any time without notice when the content violates this contract or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.

 

Public areas of the service. You agree to post content and use public areas of the service in accordance with this contract and the codes of conduct posted for these public areas. You understand that LEAP does not control or endorse the content that you post in public areas of the service. LEAP doesn’t claim ownership of content that you post or provide. By posting or otherwise providing content in public areas of the service, you are granting to LEAP and the public free, unlimited worldwide and perpetual permission to use, modify, copy, distribute, and display the content in connection with the service, and publish your name with the content.

 

Links to third-party Web sites. Your Site may contain links to third-party Web sites. These third-party Web sites are not under LEAP’s control. If LEAP has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by LEAP of any third-party Web site, service or product. LEAP reserves the right to disable links to any third-party Web site that you or other customers post on the service.

 

11. Privacy

 

Monitoring your use. We consider your use of the service to be private. However, to the maximum extent permitted by law, you authorise LEAP to access or disclose information about you, your account, your data, your content and your communications when we have a good faith reason to believe it is necessary to do so to:

  • comply with the law or legal process served on us
  • enforce and investigate potential violations of this contract, including use of the service to participate in or facilitate activities that violate the law,
  • protect the rights, property or safety of LEAP, its employees, customers, or the public.

Performance and usage data. In order to provide you the service, we may collect certain information about service performance, your computer and your service use. We may automatically upload this information from your computer. This data will not personally identify you.

 

12. Software

 

Documentation. You may copy and use any documentation provided with the software for your internal reference purposes.

 

Scope of License. Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. LEAP reserves all other rights. You may not

  • work around any technical limitations in the software,
  • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation,
  • make more copies of the software than specified in this contract or allowed by applicable law, despite this limitation,
  • publish the software for others to copy,
  • use the software in any way that is against the law,
  • rent, lease, or lend the software, or
  • use the software for commercial software hosting services.

13. Intellectual Property Rights

 

LEAP retains all right, title and interest in and to the service, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. LEAP reserves all rights not expressly granted. This contract does not grant or imply any rights to any LEAP trademarks, trade names, or logos.

 

14. No Warranty

 

LEAP makes no guarantee about the reliability and accuracy of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.

We provide the service “as-is,” “with all faults” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, LEAP gives no express warranties, guarantees, or conditions. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.

 

15. Liability Limitation

 

You can recover from LEAP only direct damages up to an amount equal to your service charge for one Month. To the extent permitted by law, you cannot recover any other damages from LEAP, including consequential, lost profits, special, indirect, or incidental damages.

 

16. Contract Interpretation

 

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between LEAP and you regarding the service. It supersedes any other contract or statements related to the service. The section titles in the contract do not limit the other terms of this contract.

 

17. Assignment

 

LEAP may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.

 

18. Force Majeure

 

LEAP will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of God.