Attitude-X Terms and Conditions

Please read these Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern the use of Attitude-X platforms, Studies, Software and Services collectively, the “Services”. The Services are owned and operated by Redders IT Pty Ltd (who will be referred to throughout these Terms and Conditions as “Attitude-X”).

The Services as set out in the Specifications will be made available by Attitude-X as a service via the internet including offline components (if any) in accordance with these Terms and Conditions.

By subscribing to the Services you agree to be bound by these Terms and Conditions and you enter a binding Agreement with Attitude-X, with effect from the date of your registration. If you are agreeing to these Terms and Conditions on behalf of a company or an organisation, then you represent that you have the authority to make purchase decisions for the company or organisation and all references to you shall refer to your company or organisation and includes your employees, consultants, representatives and agents.

If you are a Business then you also agree to be bound by the SaaS Terms which are set out in Part Two of these Terms and Conditions. If you are a Customer then you also agree to be bound by the EULA Terms which are set out in Part Three of these Terms and Conditions.

Attitude-X reserves the right to change these terms at any time, effective upon a notification via the Service or via an email address you have registered with Attitude-X. It is your obligation to ensure that you have read, understood and agreed to any changes in these Terms and Conditions if you are so notified. By continuing to use the Services after receiving such notice, you agree to the changes.

1. Definitions

“Account” means an Account enabling a Business to order, access and pay for the Service.

“Agreement” means a contract between the parties incorporating these Terms and Conditions, and any other terms and conditions that may be notified by Attitude-X from time to time.

“Authorised Users” means any employee, officer, agent, or contractor of the Business; or any person (including without limitation any employee, officer, agent, supplier, sub-contractor, associate or third party) or any application or automated system or that accesses the Services using the Business’s Account.

“Business” means an entity or individual who has opened an Account to access the Service. These Terms and Conditions, including the SaaS Terms, apply to all Businesses using the Service.

“Business Data” means any data and materials input by you, the Business or your representatives, into the Software or stored by the Service or generated by the Service as a result of your use of the Service or the Software.

“Business Licence” means the licence created under the “Business Licence” clause of these Terms and Conditions.

“Confidential Information” includes all information exchanged between the parties to these Terms and Conditions, whether in writing, electronically or orally, including the Software, that was marked confidential or should have been reasonably understood by the disclosing party to be confidential but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Customer” means a customer of the Business, who uses the Services at the direction or request of the Business. These Terms and Conditions, including the EULA Terms, apply to all Customers.

“Customer Licence” means the licence created under the “Customer Licence” clause of these Terms and Conditions.

“EULA Terms” means the End User Licence Agreement Terms and Conditions, set out in Part Three of these Terms and Conditions.

“Fees” means the fees payable by the Business for the Services, as set out on our Website at the time that the Business registers an Account.

“Force Majeure Event” means an event or series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).

“General Terms” means the General Terms and Conditions set out in Part Four of these Terms and Conditions.

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know- how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Loss” means a damage, loss, cost, expense or liability incurred whether direct, indirect, consequential or actual.

“Party” or “parties” means a party or the parties to these Terms and Conditions.

“Privacy Policy” means our Privacy Policy which is available at Privacy Policy.

“Roadmap” means information published by Attitude-X on the Website or elsewhere, in relation to proposed upcoming features, updates or developments for the Software and/or Services.

“SaaS Terms” means the Software as a Service Terms and Conditions set out in Part Two of these Terms and Conditions.

“Service/s” means the service(s) provided by Attitude-X to the User, which is made available as a service via the internet and may include offline components.

“Software” means the software available (as may be changed or updated from time to time by Attitude-X) via the Service.

“Specifications” means the specific details of the Services, the Fees, the Business, and any other relevant details, as set out on the Website and/or submitted by the Business at the time of registration of an Account.

“Study” or “Studies” means the Study or Studies which Businesses create using our Services and then provide to their Customers.

“Support Services” means support in relation to the use of, and the identification and resolution of errors in, the Service, but shall not include the provision of training services.

“User” means the Business or the Customer.

“Website” means our website which is available at https://www.attitude-x.com.au.

“You” or “Your” refers to the user of the Services, which may be the Business or the Customer, as the context requires.

PART ONE - HOW IT WORKS

Attitude-X is a subscription-based Software as a Service (SaaS) platform designed to enhance your understanding of your Customers through the power of anonymous Studies. As a business owner, you sign up and generate Studies which you can then offer to your Customers. These Studies may help you to gain insights into your Customers’ expectations and desires, allowing you to make data-driven changes to improve your Business.

2. Creating an Account and Generating Studies

Businesses can easily create an Account on our Attitude-X application, which is hosted on secure cloud services in Australia.
If you are a Business, then once you have created an Account, you can generate Studies either based on pre-defined questions or you can create your own.
These Studies are anonymous by default, protecting the privacy of your Customers, and generate reports based on an analysis of the Customers’ responses.
You only need to log on, generate a Study, and then view the analysis.

3. Study Response Collection and Analysis

The responses from these Studies are analysed using a variety of analytical techniques, providing you with in-depth business analysis. The reports generated are based only on anonymous data, ensuring the personal information of the Study participants is excluded from the analysis.

4. Availability of Studies

The Studies are hosted by Attitude-X and can be accessed by Customers via a URL or a QR code provided by us. This ensures that Customers can easily complete the Studies on any device of their choosing, at their convenience.

5. Documentation Website

Alongside the main Attitude-X Service, we have a dedicated documentation website. This is a sub-domain of the main Website and provides useful FAQs and information to assist you in using the Services effectively. No personal information is collected on this site, which also uses Google Analytics to monitor traffic.

6. These Terms and Conditions

These Terms and Conditions apply to all Users of our Software and Services, including Businesses and Customers. Part Two of these Terms and Conditions contains our SaaS Terms which are particularly relevant to Businesses. Part Three of these Terms and Conditions contains our EULA Terms which are particularly relevant to Customers. Part Four of these Terms and Conditions contains some General Terms which are relevant to Businesses as well as Customers.

The Specifications of the Services and the applicable Fees are set out on our Website at the time of the Business’s registration. By registering an Account, the Business agrees to those Specifications, and the Specifications form part of this Agreement.

PART TWO – SaaS TERMS AND CONDITIONS

By registering an Account, or accessing the Services or the Software, the Business agrees to the provisions of this Part Two – SaaS Terms and Conditions (“SaaS Terms”). In these SaaS Terms, any reference to “you” or “your” is a reference to the Business, unless the context provides otherwise.

7. Term

The Agreement comes into force from the date that you register an Account.
The Agreement shall continue in force indefinitely, subject to termination in accordance with these Terms and Conditions.

8. Business Licence

Subject to the payment of the Fees and all other provisions under these Terms and Conditions, Attitude-X hereby grants you a non-transferable, non-exclusive licence to use the Service from any computer or mobile device during the Term (“Business Licence”).
The Licence granted by Attitude-X to you under these Terms and Conditions is subject to the following limitations:
1. The Service may only be used by you or your Authorised Users;
2. The Service must be used in accordance with the terms of any additional licence terms that may be communicated by Attitude-X;
3. You must keep all Authorised Users updated and ensure we have, at all times, up to date information;
4. You are fully responsible for anyone to whom you grant access to the Service, including but not limited to any Authorised User and including all acts, breaches and activities conducted under your grant of access to the Services;
5. You may not sublicense your rights to access and use the Service; and
6. You must not permit any unauthorised person to access or use the Service.
You are responsible for obtaining and maintaining all equipment, computer hardware and software and all telecommunications services required by you to access and use the Service and will ensure that all such equipment and services comply with the technical specifications provided by Attitude-X.
You must:
1. Comply with all reasonable directions regarding access to, and use of, the Service provided to you from time to time by Attitude-X including any procedures imposed by Attitude-X to prevent unauthorised access to the Service; and
2. Permit Attitude-X, or its agent, at all reasonable times, and at Attitude-X’s expense, to verify that your use of the Attitude-X Service is within the terms of these Terms and Conditions.
You must take all reasonable precautions to ensure the security of access to the Service must not, under any circumstances, allow any third party or any person other than an Authorised User to access or use Service for any purpose without the prior written consent of Attitude-X.
You agree to inform Attitude-X immediately if you become aware of any unauthorised use of the Service by any person.
For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Software, either during or after the Term.

9. Fees

You shall pay the Fees to Attitude-X in accordance with the amount and frequency as set out in the Specifications, invoice and these Terms and Conditions.
Different Fees may apply depending on the Services you are receiving, but your Fees will be set out in the Specifications at the time that you register an Account.
Our Fees may be updated from time to time. We will publish any updated Fees on our Website and we may notify you by email of the updated Fees.
By retaining or renewing your Account after we have published the updated Fees on our Website or have otherwise notified you of the updated Fees, you agree to the updated Fees.
If you fail to pay the Membership Fees when due, we reserve the right to cancel your Account.
By providing your payment details, you authorise us to charge you for all applicable Fees in accordance with these Terms and Conditions.

10. Availability of the Service

Attitude-X may, in its sole discretion, make enhancements, updates or new releases of the Software available through the Service from time to time in order to enhance or improve the functionality or operation of the Service or for any other reason.
Attitude-X will use its best endeavors to maintain the reliability and efficiency of the Service subject to:
1. Scheduled downtime for maintenance services or other interruptions as set out in this clause; and
2. Unscheduled interruptions to the availability of the Service due to factors beyond the control of Attitude-X including any actions by you or third parties, including telecommunications downtime or interruptions.
You will communicate any difficulties encountered with the Service to Attitude-X as soon as is reasonably practicable following detection.
You acknowledge that the speed of response from the Service is dependent on your internal connection and performance of the Service may be affected by such external factors as speed of connection and infrastructure bandwidth from your equipment to the Attitude-X server and the number of users on the connection.
Attitude-X may suspend access to the Services:
1. To carry out maintenance;
2. To carry out modifications or updates to the Services, including the uploading of Software updates;
3. To preserve data and integrity;
4. In the event of a security breach; or
5. If the server malfunctions.
Attitude-X reserves the right to terminate or suspend access to the Service if any amount due to be paid by you to Attitude-X is overdue and Attitude-X has notified you of the overdue amount and its intention to suspend access to the Service.
Attitude-X also reserves the right to terminate or suspend your access to the Service indefinitely and without refund or compensation in the event that you are using the Service, or it appears to Attitude-X you are intending to use the Service, in a manner reasonably deemed inappropriate by Attitude-X or which breaches these Terms and Conditions.
Attitude-X will not be liable to you, your officers, employees, contractors or agents or any third party whatsoever as a result of taking the action referred to in this clause where such action is taken on a view which is formed on a reasonable basis by Attitude-X, including but not limited to any loss of information, materials or Business Data.

11. Support Services Availability

We do not guarantee that our Service will be continuous or fault free due to the nature of the Service and reliance on third party networks, however, we aim to have the Service available for 99.5% of the time excluding any scheduled maintenance windows. We will use our best efforts to provide reasonable notice to you of the date, start time and expected duration of scheduled maintenance windows. Notwithstanding the above, we do not accept responsibility or liability in relation to any loss or damage arising out of any fault or delay whatsoever or howsoever caused, created, maintained, continued or resumed due to unavailability of the Service.
When reporting service difficulties to Attitude-X, the Authorised Users must provide an accurate description of the problems encountered including error messages and an accurate impact of the problem in order to facilitate the necessary corrective action by Attitude-X.
Attitude-X will respond to any request for support within 24 hours of receiving notification by email or telephone.

12. Data Storage

Data is stored for 12 months at no additional cost, with options for extended storage for an additional fee.

PART THREE – EULA TERMS AND CONDITIONS

By accessing the Services the Customer agrees to the provisions of this Part Three – EULA Terms and Conditions (“EULA Terms”). In these EULA Terms, any reference to “you” or “your” is a reference to the Customer, unless the context provides otherwise.

13. Acceptance of Terms

By using the Software, the Customer agrees to be bound by these EULA Terms without modification, including the limitations on the grant of licence and the disclaimer of warranties contained herein. The Customer will also be subject to the SaaS Terms and the General Terms and all general provisions set out in the Terms and Conditions to which the Business is a party.
If the Customer is not willing to be bound by the Terms and Conditions (including but not limited to these EULA Terms, the SaaS Terms and the General Terms) then the Customer must promptly return the Software to Attitude-X, and delete any of the Software installed on the Customer’s system and halt use of the Services.

14. Customer Licence

Subject to these Terms and Conditions, Attitude-X grants to the Customer a non-exclusive, non-transferable licence (the “Customer Licence”) to use the Software and Services applicable thereto in accordance with the terms and conditions of any Agreement entered into by the Business with Attitude-X.
The Customer Licence shall be a licence to use the machine-readable object code only, excluding any source code, and receive the Services related thereto. The term of this Customer Licence grant shall be from the date of acceptance of this EULA until terminated by either party or as provided herein.
This EULA specifically excludes the right to sublicense the Software or the Services provided thereto. The Customer shall not permit any subsidiaries, affiliated entities, or other third parties to use the Software unless such entities or individuals agree in writing to be bound by the terms and conditions of this EULA.

15. Additional Services

The Customer is responsible for the purchase or licensing of all additional equipment and software, other than the Software.
Future versions of the Software and new Attitude-X products may require additional equipment and/or software, as well as updated versions of the additional equipment and software. Purchase or licensing of these items, if required, is solely the responsibility of the Customer.

16. Updates, Upgrades and Roadmap

Attitude-X may, from time to time and in its sole discretion, make updates available to the Software.
Attitude-X will provide to the Customer all commercially released updates at the time of the release of the update and unless otherwise stated by Attitude-X the updates will be provided without additional charge.
Updates may include licence and maintenance terms additional to these Terms and Conditions.
Any portion of the Software replaced by an update (except archival copies) shall be destroyed by the Customer.
Attitude-X may, from time to time add new features to, modify, or remove features from the Software or Services.
Attitude-X may, from time to time provide information on its Website or elsewhere regarding a proposed Roadmap for upcoming features, updates or developments.
Any proposed Roadmap for upcoming features, updates or developments, unless expressly stated otherwise, is indicative only and is subject to change.
The User acknowledges and understands that product developments and plans can be influenced by a range of factors which are difficult to assess in advance, including but not limited to market conditions, economic factors, business conditions, challenges with implementation and development and various other factors.
Attitude-X reserves the right to change the Roadmap at any time, to add features that were not set out in the Roadmap, or to refrain from adding features that were set out in the Roadmap.

17. Ownership and Copies

All right, title and interest in and to the Software, Services, and all copyrights, patents, trademarks, service marks or other Intellectual Property Right relating thereto, and the media on which the same are furnished to the Customer, belong exclusively to Attitude-X or its respective developers and suppliers. The Customer acknowledges that, except as specifically provided under this EULA, no such right, title or interest in these items is granted to the Customer.
Except as provided for herein, the Customer is prohibited from: distributing, transferring possession of, or otherwise making available the Software or Services to any person other than Authorised Users under the terms of this EULA; and using the Software or Services for the purposes of commercial timesharing, service bureau or other rental or sharing arrangements.

PART FOUR – GENERAL TERMS AND CONDITIONS

This Part Four – General Terms and Conditions applies to all Businesses and Customers (“Users”) that access our Services (“General Terms”).

18. Changes to Terms

Attitude-X may, at its sole discretion and with or without notice, modify or replace these Terms and Conditions, in whole or in part, from time to time. If the User does not agree to any modifications, the User should stop using the Software and the Services. The User’s continued use of the Software or Services now, or following the posting of notice of any changes in these Terms and Conditions, will constitute a binding acceptance by the User of these Terms and Conditions, or any subsequent modifications. The User can review the most current version of these Terms and Conditions at any time at Attitude-X Terms and Conditions.

19. Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law:
1. Each party will preserve the confidentiality of all Confidential Information of the other party which it has obtained in connection with these Terms and Conditions. Neither party will, without the prior written consent of the other party, disclose any Confidential Information or make any Confidential Information available to any person, or use the same for its own benefit, other than as permitted by these Terms and Conditions.
2. Each party’s obligations under this clause will survive termination of these Terms and Conditions.
3. The provisions of the above two sub-clauses shall not apply to any information which:
  1. Is or becomes public knowledge other than by a breach of this clause;
  2. Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  3. Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or is independently developed without access to the Confidential Information.

20. Privacy

Attitude-X maintains a Privacy Policy that sets out the parties’ obligations in respect of data. By using the Software, the Services and/or by agreeing to these Terms and Conditions, the User also agrees to be bound by the Privacy Policy. Please review the Privacy Policy at Privacy Policy.
The User acknowledges that it has read the Privacy Policy (as it may be updated from time to time) and hereby consents to the collection, use and disclosure by Attitude-X and its agents of the User’s Personal Data (as defined in the Privacy Policy), whether previously collected or to be collected, for the purposes identified in the Privacy Policy.

21. Intellectual Property Rights

Attitude-X owns and retains all Intellectual Property Rights in the Software, the Services including without limitation, any modifications or improvements to, or customisation of, the Software or the Services carried out by Attitude-X.
Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from Attitude-X to you, or from you to Attitude-X.
Title to, and all Intellectual Property Rights in, the Business Data, remain your property, subject to the restrictions set out in these Terms and Conditions. However, your access to the Business Data is contingent on full payment of the Fees. If you fail to pay any Fees when due, Attitude-X reserves the right to withhold access to your Business Data without notice. In the event that Attitude-X terminates your access to the Services and/or the Software for cause, your right to access or use the Business Data immediately ceases, and Attitude-X shall have no obligation to maintain or forward any Business Data to you.

22. Acknowledgements

You acknowledge and agree that it is not feasible for Attitude-X to ensure that the Software and Services are available at all times or that they are error-free or virus-free.
You acknowledge and agree that the internet is not necessarily a secure or reliable method of communication, and Attitude-X is not liable for any failure to properly send or receive communications via the internet, or to make available the Services, due to any interference or failure.
If you are using the Software and accessing the Services on behalf of or for the benefit a company or an organisation then Attitude-X will assume that you have the right to do so and that organisation will be liable for your actions or omissions (including any breach of these Terms and Conditions).
You acknowledge that it is your sole responsibility to determine that the Software and Service is suitable for your requirements and meets the needs of your organisation.

23. Prohibited Uses

You may only use the Software and/or the Services if you are aged 18 years or older.
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Software and the Services, and you represent and warrant that you will not use the Software and the Services, in any of the following ways:
1. For a purpose which is inconsistent with these Terms and Conditions and our legitimate business interests;
2. For any unlawful purpose;
3. To solicit others to perform or participate in any unlawful acts;
4. To violate any international, federal, or state regulations, rules, laws, or local ordinances;
5. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
6. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
7. To upload, post, host or transmit unsolicited material or messages;
8. To submit false or misleading information;
9. To upload or transmit viruses, worms, trojan horses or any other contaminating or destructive or malicious code that will or may be used in any way that will affect the functionality or operation of our business, the Software, the Services, or of any other websites, or the internet;
10. To collect or track the personal information of others;
11. For any obscene or immoral purpose, or any purpose that is misleading or deceptive, fraudulent, abusive or illegal;
12. To interfere with or circumvent the security features of the Software, the Services or any other websites, or the internet;
13. To spam, phish, pharm, pretext, spider, crawl, or scrape;
14. To attempt to decipher, decompile, disassemble, or reverse-engineer the Software or the Services;
15. In any manner that could harm, disable, or otherwise impair the Software or the Services or interfere with any other party’s use of the Software or the Services; and
16. In any manner that involves the uploading or submission of any personal identifiers of any User or any other information that may allow an individual to be identified.
We reserve the right to terminate your use of the Software or the Services if you violate any of the prohibited uses.

24. Your Warranties and Representations

You warrant and represent that:
1. You have the necessary qualifications and experience to use the Software and the Services;
2. If you are using the Software and accessing the Services on behalf of or for the benefit a company or an organisation then you warrant and represent to Attitude-X that you have the right to do so and that organisation will be liable for your actions or omissions (including any breach of these Terms and Conditions).
3. You are at least 18 years old and have the full legal capacity and authority to agree to these Terms on behalf of yourself and (if applicable) your organisation;
4. You will use the Software and Services in accordance with these Terms and Conditions and all applicable laws and regulations;
5. You will not infringe the intellectual property rights of any third party in your use of the Software or the Services;
6. You will not knowingly introduce viruses, trojans, worms, or other malicious or harmful material to the Software or Services;
7. You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
8. All information you provide is true, correct, complete, up-to-date and accurate; and
9. You will not transfer, sublicence or grant access to any of our Software or Services to any other person, company, business or other organisation except as agreed in these Terms; and
10. You will at all times abide by all privacy laws, regulations and requirements.
It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with these Terms and Conditions, we have the right to suspend your Account and/or your access to the Services and the Software.

25. Indemnities

You indemnify Attitude-X for and against all Loss arising out of or in connection with:
1. Any Business Data that you submit via the Software or the Services including without limitation any claim involving alleged infringement of any intellectual property rights, privacy rights or other third party rights in the Business Data;
2. Any use of the Services via the Business’s Account by anyone who is not an Authorised User; and
3. The Business or an Authorised User’s use of the Services or breach of these Terms and Conditions, or any negligent or fraudulent act or omission or breach of law by the Business or an Authorised User.
All express or implied warranties, representations, statements, terms and conditions relating to these Terms and Conditions or their subject matter that are not contained in these Terms and Conditions are excluded to the maximum extent permitted by law. If any guarantee, term, condition or warranty is implied under the Australian Consumer Law or any other applicable legislation and we are able to limit your remedy for a breach of that legislation, then our liability for such breach is limited to the replacement of the goods or the resupply of equivalent goods or services, or the payment of the cost of replacing, resupplying or of acquiring equivalent goods or services.

26. Limitation of Liability

We exclude liability for any and all Loss suffered or incurred by you, any Authorised User or any other person that accesses or uses our Services or Software, in connection with:
1. Our termination or discontinuation of the Services for any reason;
2. Failure for any reason to activate, reactivate or to deactivate our Services;
3. Any failure to provide all or part of any of our Services including as a result of any network failure, any network congestion or any network drop out, or any delay in providing our Services where that failure is not our fault;
4. Any delay, interruption or suspension of our Services;
5. A breach by you of these Terms and Conditions;
6. Any incorrect information provided by you, any Authorised User or any third party;
7. Access by you or any other person using our Services to any material available to the public that you find offensive, upsetting, defamatory or personally offensive;
8. Access by you or any other person using your Services to any sites that may be illegal; or
9. Any loss of Business Data, including Your Business Data from the use of our Services.
In no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
Our liability in any case, is limited to the amount paid for the Services or the re-supply of the Services, unless otherwise provided by law.

27. Disclaimer

Attitude-X makes all reasonable efforts to provide the Services, the Software, and any related information or materials to a high standard. However, the Business uses these items at its own risk, and the Business is solely responsible for verifying any information that it obtains as a result of the Services or the Software.
Attitude-X is not providing financial advice, investment advice, or professional advice of any kind. The Business is responsible for its own decisions and for obtaining its own professional advice before making any significant financial, investment or business decisions.
Attitude-X makes no warranties or representations that the Services or the Software will lead to any increase in revenue, profits or business, or will produce any other specific results for the Business.

28. Termination

No-fault termination: These Terms and Conditions will renew automatically and continue for the same period unless either party terminates these Terms and Conditions by giving notice to the other party at least 30 days before the end of the relevant payment period.
Breach: We may terminate these Terms and Conditions and your access to the Services if you:
1. Breach any of these Terms and Conditions and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
2. Breach any of these Terms and Conditions and the breach is not capable of being remedied (which includes without limitation any payment more than 30 days overdue); or
3. Go into liquidation or have a receiver or manager appointed to any of your assets or become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event.
Accrued Rights: Termination of these Terms and Conditions is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms and Conditions you will:
1. Remain liable for any accrued charges and amounts which become due for payment before or after termination; and
2. Immediately stop using the Service.

29. Force Majeure

Neither party will be liable to the other for delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is caused by a Force Majeure Event. That obligation will be suspended for the duration of the Force Majeure Event. This clause does not apply to any obligation to make a payment.

30. Notices

Any notice given under these Terms and Conditions by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Attitude-X must be sent to [email protected].
Notices to you will be sent to the email address which you provided when setting up your Account. It is your responsibility to notify Attitude-X of any changes to your email address(es).

31. No Assignment

You may not assign or transfer any rights to any other person without Attitude-X’s prior written consent.

32. No Waiver

The failure of a party at any time to insist on performance of any obligation under these Terms and Conditions of the other party is not a waiver of its right (a) to insist on performance of, or claim damages for a breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and (b) at any other time to insist on performance of that or any other obligation of the other party under these Terms and Conditions.

33. Severability

If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms and Conditions will be binding on the parties.

34. Governing Law

These Terms and Conditions are governed by the laws from time to time in force in the Australian Capital Territory. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of the Australian Capital Territory for determining any dispute concerning these Terms and Conditions.

35. Entire Agreement

The Specifications together with these Terms and Conditions and the Attitude-X Privacy Policy, together with the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Attitude-X relating to the Service and the other matters dealt with in these Terms and Conditions.