Terms of Service

It is vital that you read and understand these Terms of Service (“Terms”) before using the PIEL App, the PIEL website and other products or services (“Services”) provided by Blue Jay Ventures Pty Ltd (“the Company”).

1. Agreement

You affirm your agreement to these Terms when you use the Services. This will constitute a contract between you and Blue Jay Ventures Pty Ltd. You represent to us that you are legally able to enter into this contract on behalf of yourself or another entity.

2. The Services

The Company provides a range of Services, including software programs, websites, webservices, software and web development and support services. These Services may be changed by the Company at any time. There is no implied contract that the Company will continue to provide the Services.

Subject to your compliance with these Terms and your payment of any applicable fees, the Company grants you a non-exclusive, non-transferable, royalty-free, revocable license to use the Services for your own lawful purposes.

To remove uncertainty, the software used in the Services is owned by, or licensed to, the Company. You have no right to access or use the source code for any purposes.

3. Changes to the Terms

We may modify these Terms at any time by posting a revised version on this website or by sending a message to the email address associated with your account. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check this website regularly for modifications to these Terms.

4. Your responsibilities

Many of these Services allow you to enter data, such as survey questions and to receive information or reports resulting from those survey questions (“Data”). You may use these surveys to run a research program. As part of this project you may require other users to respond to these surveys (“Participants”).

You are responsible that you use the Services in compliance with all applicable laws and regulations. This includes compliance with human research guidelines of applicable governments and institutions.

You are solely responsible for all Data, and are liable for your Data and the manner in which you collect or distribute your Data to third parties.

You are responsible for ensuring that you and Participants use devices and operating systems that can operate the software.

You are responsible for protecting access to your account, including generating strong passwords for you and the Participants and preventing unauthorised access to these passwords on your computer or device.

If your use of the Services requires you to comply with specific regulations, you are solely responsible for such compliance and you may not use the Services in a way that would subject us to those specific regulations.

If you transmit the Data by email, you are responsible for ensuring secure transmission and storage of the Data. Any Data downloaded by you should be stored in a secure fashion. You are responsible for regularly backing up your Data.

5. Your Data

You own all right, title and interest in all Data entered into the Services, including survey questions, survey answer choices and control of the look and behaviour of the survey. You also own all all reports and other information resulting from use of the Services.

You also own your personal information uploaded to the Services and information about Participants.

All this data is treated as confidential by us. We will not provide this information to third parties unless required by law, regulation or court order. We will only use this information to provide support services and updates to you. You can opt out at any time.

6. Unacceptable Usage

We do not monitor your Data but if it comes to our attention that your Data is in violation of these Terms, we reserve the right to remove the Data at any time.

You account may be suspended at at any time for conduct that violates the Terms.

Behaviour that is a violation of the Terms includes the following:

  • Behaviour that is in violation of the law or regulations;
  • Represent to third parties that you are the owner of the Services;
  • Resell or allow third parties to use the services without out prior written consent;
  • Reverse engineer any code or systems;
  • Attempt to intefer or breach the security of the Services;
  • Make any unauthorised copy of any content of the Services;
  • Upload Data that uses nudity, sexual content, pornography, racistor other disciminatory content and abusive, profane or foul language. This includes the use of links to such content. Excluded from this provision is such content used for valid and legal research purposes.
  • Upload malicious software, binary files, executable code or links to malicious websites.
  • Upload data that breaches confidentiality, copyright, trademarks or other intellectual property.
  • Upload Data that exploits images of children under 18 years of age;
  • Perform automated probing, vulnerability tests, network scans, penetration tests, or other investigative techniques on our software or Services.

7. Intellectual Property

The Company and its licensors own all right, title, and interest in intellectual property relating to the Services, including related software and technology.

The results of customisation or modification of the Services we perform for you, even you make a payment to us, are owned by us and subject to the Terms.

All related suggestions, ideas, enhancements, requests, feedback, and recommendations provided by you to us during your use of the Services will be owned by the Company.

8. Indemnification

To the extent allowed by law, you agree to indemnify and hold the Company harmless against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of the Services. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within your Data.

9. Termination

We make no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results, and are not responsible for any of the following.

  • Errors or omissions arising from the use of the Services or and such information;
  • Interruptions or delays in the delivery of the Services; or
  • Losses or damages arising from the use of the Services.

10. Limitations of Warranties

We make no representation, warranty or guaranty as to the following:

  • The reliability, accuracy or completeness of the Services;
  • That the Services will meet your requirements or expectations; or
  • That problems arising from use of the Services can be or will be corrected.

The Services are provided strictly on an “as is” basis. Except to the extent prohibited by law, we expressly disclaim all warranties, conditions and representations, whether express, implied, statuary, or otherwise, including, but not limited to, implied warranties of fitness for a particular purpose, non-infringement and merchantability. We do not make any warranties, representations or conditions with respect to any third party content, express or implied.

11. Limitation of Liability

The Company disclaims any liability for damages caused by the Services unless solely due to our intentional wrongdoing. Our aggregate liability for any claim or damage is limited to your direct damages and shall not exceed the totoal of fees you have paid the Company in the 12 months period immediately preceeding the event giving rise to the claim of damages. In no event shall we be liable fort lost profits, lost data, interruptions of business, or any special, incidential or consequential damages arising from the use or attempted use of the Services, regardless of whether we have notice of the potential for such loss or damage.

12. Entire Agreement

These Terms and any other relevant terms, conditions, policies or agreements constitute the entire agreement and understanding between you and us. If a legally binding agreement exists between you and Blue Jay Ventures Pty Ltd, those terms will only have precedence over these “Terms of Service” if that agreement explicitly states that it has precedence.

13. Other Terms

You are not permitted to sublicense the Services to third parties without our prior written permission.

These Terms will be governed by the laws of the State of N.S.W. Australia. Both parties irrevocably consent to personal jurisdiction of such courts and waive all objections thereto.

In the event that any one or more of these provisions should be held invalid, illegal or unenforceable, such provisions will be modified, if possible, to the minimum extent necessary to make them valid and enforceable, or if they cannot be so modified, then severed, and the remaining provisions contained herein will not in any way be affected or impaired.

Our failure to enforce strict performance of any provision of these Terms does not constitute a waiver of the right to subsequently enforce such provision.

These Terms create no rights for third party beneficiaries.

You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.You and we each waive any right to a jury trial.

Revised 9th March 2017