General

1. This website, atana.com.au and its associated products (‘The Sites’) are owned and operated by Atana Technologies Pty Ltd (‘Atana’). In the terms below, ‘us’, ‘we’ and ‘our’ mean Atana Technologies Pty Ltd.
2. Your access to The Sites is conditional upon your acceptance and compliance with the terms set out below, our Privacy Policy and any other terms, conditions, notices and disclaimers posted elsewhere on The Sites (collectively, ‘Terms’).
3. By accessing and using The Sites, you:
   
   1. acknowledge that you have read and fully understand the Terms, accept them as legally binding between us and you and waive any rights to contest their validity or enforceability, including on the grounds of lack of notice of them; and
   2. waive your rights to make any claim against us inconsistent with them.
4. We may revise these Terms at any time by updating this page, and your use afterwards signifies your acceptance of the changed Terms. Please check these Terms periodically for changes.
5. If any of the terms of use are held to be invalid, unenforceable or illegal for any reason, the remaining terms of use will continue in full force.
6. These Terms do not negate any terms or conditions that apply to your use of any other website or product owned or operated by Atana.

Jurisdiction

7. These Terms are governed by the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.
8. You and Atana waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Lawful and proper purposes

9. You agree to use The Sites only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of The Sites by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person. This also includes conduct which would interfere with the proper working of The Sites, including any conduct which would place a disproportionately large load on Atana’s infrastructure.
10. You also agree that you will not use any robot, spider, script or other automatic device, or manual process, to monitor or copy web pages on The Sites or the content contain therein, without the prior express consent of an authorised Atana representative. Such consent is given for standard search engine technology employed by internet search websites to direct internet users to The Sites.
11. You must not post or transmit via The Sites any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
12. You acknowledge that single-user subscriptions offered on any of The Sites can only be accessed with one session at a time, and that beginning another session with the subscription will cause the first session to log-out. You agree that you will not share single-user subscriptions among more than a single-user.

Disclaimer

13. Nothing provided on The Sites constitutes legal or professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances.
14. To the fullest extent permitted by law:
    
    1. Atana makes no representations or warranties as to the currency, availability, accuracy or completeness of any information contained on The Sites. The content on The Sites is provided to you ‘as is’ and on an ‘as available’ basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on The Sites may be changed at Atana’s sole discretion and without notice.
    2. Atana excludes all rights, remedies, guarantees, conditions and warranties in respect of goods and services from your use of The Sites, whether based in statute, common law or otherwise.
    3. Atana will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to The Sites. Neither shall Atana be liable for any injury or any direct, indirect, special, exemplary, incidental, consequential, punitive or other damages, loss of savings, business opportunities, revenue or profit and damage to goodwill arising out of content on The Sites.
    4. Atana does not warrant that the functions contained on The Sites, such as hyperlinks, will be uninterrupted or error-free, that defects will be corrected or that The Sites or the server that makes The Sites available are free of viruses or bugs.
    5. The liability of Atana, for any breach of a term or condition implied by law is limited at Atana’s discretion to the supply of any service again or the payment for the cost of having any service supplied again.
    6. You indemnify Atana and its directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of The Sites.

Security

15. We strive to protect information you provide on The Sites. We will use all reasonable endeavours to ensure that The Sites and your information are not compromised. However, we cannot guarantee that no harmful code will enter The Sites.
16. Where connection to a system or website outside our control compromises the objectives of The Sites, we may sever links to that website or system.

Privacy

17. We regard your privacy as important and your personal information will be managed in accordance with our privacy policy.
18. You agree that you have read and agree to be bound by our privacy policy.

Linked websites

19. We take reasonable care in linking The Sites to other websites but we have no direct control over the content presented in those websites or the availability of those websites. We cannot be and are not responsible for the content or accuracy of the information or other material on these websites.
20. We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.
21. We do not endorse or recommend any links to external websites, or third party content, including products and services offered by, from or through those websites or their content.

Linking to this site

22. You may link to this website as long as you do not:
    
    • imply that Atana endorses your website or product; or
    • change the content of The Sites technically (e.g. by presenting the material in a frame so that users are unable to determine the location of the original material).
23. We may ask you to remove the link from your website if these conditions are not met.

Intellectual property rights

23. Without limiting Atana’s intellectual property rights, you agree that all the materials displayed on or available through this website, including, without limitation any and all names, logos, data, information, graphics, markup, underlying code, and underlying software, displayed on or available from this website are protected by copyright and other intellectual property laws and are available for your personal use only.
24. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only.
25. You must not adapt, reproduce, copy, display, modify, alter, download, publish, broadcast, distribute, sell, transfer or otherwise use any such materials unless expressly provided for in these Terms or with our express written permission.
26. All rights not expressly granted are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.

Login details

28. You must provide your true details when signing up for any Atana product, including providing your real name.
29. You are responsible for the login details you create for any Atana product. We are unable to guarantee the recovery of data lost by you. Access to any Atana product is conditional on you being able to provide your stated username and password.

Feedback

30. Please contact us if you have any questions, problem or feedback regarding the Terms.

Last updated

30. These Terms were last updated on 16 June 2023.