2. Your access as an Authorised User
Where you are accessing the Atticus Platform, you are doing so as an “Authorised User”. This invitation may be made under a subscription managed and controlled by our “Customer”. If you are joining one of your employer’s workspaces, for example, our Customer would be your employer. If you are joining a workspace created by an organisation that is not your employer, that organisation may be our Customer and is authorising you to join the relevant workspace.
The Customer has separately agreed to our customer terms of service or otherwise entered into a written agreement with us (in either case, a “Customer Agreement”) that permits the Customer to create and configure a workspace so that you and others can join (each invitee granted access to the Services that form part of that Customer’s subscription, including you, is an Authorised User).
You may not be a party to any Customer Agreement, however as an invited Authorised User a Customer Agreement may affect your access and use of the Services.
3. Access to the Services
When you register as a user and create your profile you will need to provide us with personal information such as your name, email address and any other personal information we may require for the purposes of activating your account. When you register as a user and create a profile, we may provide you with a username and password. Alternatively, you may access parts of the Services through a third-party identity provider. You must log in using your username and password, or a third-party identity provider, to access certain features of the Services.
You must maintain the confidentiality of your password and you are responsible for all activities that are conducted through your account whether or not you have authorised such use.
Your account and your right to use the Services are personal to you and you must not authorise others to use your account. It is a condition of use of the Services that you ensure that your contact details are kept up-to- date and accurate, notifying Atticus of any required changes. You can request that your account be disabled by contacting us at email@example.com. You must also contact us immediately if you believe someone has gained unauthorised access to your account.
4. Your Content
If you upload or submit content and data to us for the purposes of inclusion in the Services (“Your Content”), you will be fully responsible for Your Content and we are under no obligation to review or monitor Your Content. We reserve the right not to include or to edit Your Content in the Services at our sole discretion. In relation to Your Content published in our Services, you should not include any personal information or health information such as your name in Your Content if you do not want it to appear in our Services. If you do include personal information and/or health information in Your Content, you consent to it being published in our Services.
When you submit content or information to the Services, you acknowledge and agree that such data and information forms part of the “Customer Data” under the relevant Customer Agreement for the purposes of the Services and that the entire extent of our obligations and responsibilities in relation to such Customer Data are only to the Customer as set out in that separate Customer Agreement.
You agree that it is solely the Customer’s responsibility to (a) inform you and any Authorised Users of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data; (b) obtain any rights, permissions or consents from you and any Authorised Users that are necessary for the lawful use of Customer Data and the operation of the services; (c) ensure that the transfer and processing of Customer Data under the contract is lawful; and (d) respond to and resolve any dispute with you and any Authorised User relating to or based on Customer Data, the Services or the Customer’s failure to fulfil these obligations.
5. Use of the Services
You are solely responsible for providing (at your cost) all equipment, software and internet access necessary to use the Services and for ensuring that you do not access the Services on a public computer, which includes a computer that is used by multiple users.
Some features of the Services may provide recommendations, comments and prompts, including but not limited to predictive insights or statistical analysis (each a “Recommendation”). The Recommendations are not a substitute for legal, accounting or other professional advice and you or any third party must not rely on them and you should determine independently or with the aid of advice whether and how to proceed with any Recommendation provided to you.
Where a search function is enabled in the Services, we cannot guarantee that the results provided by that function are complete or accurate. This is because the search results are affected by the formatting of the information in the Services and the search criteria specified by you. Where conversion, compression or similar tools available in the Services are used, we will not be responsible for the operation of such tools or any changes to Your Content caused by the tools, such as formatting, numbering or other changes.
6. Intellectual property rights
We own or license all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Services. This content is protected by copyright and other intellectual property laws in Australia and overseas. The Services also include trade marks which are protected by law. You may not use our trade marks without our prior written consent, except to legitimately identify our products or services.
You may access, download and print content from this Website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content that is available via the Services (other than user content you uploaded to the Services) without our prior written consent.
Where you upload or provide any information to us via the Services, you warrant that you are the owner of the materials you upload (or that you are otherwise authorised by the owner to upload those materials). By submitting Your Content to the Website (excluding a Customer workspace on the Atticus Platform), you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit, modify and exploit Your Content (and to sub-license others to do so), in any form or on any medium and for any purpose, including but not limited to posting Your Content on our social media pages and using Your Content in our promotions and marketing.
By submitting Your Content to a Customer workspace on the Atticus Platform, you grant us a non-exclusive, worldwide, royalty- free and irrevocable (during your use of the Services) licence to reproduce, edit, modify and otherwise use Your Content (and to sub-license others to do so) for the purpose of providing the Atticus Platform and Services and ancillary, data analytics and service improvement purposes.
You also consent to us (and our successors, assigns and licensees) doing or omitting to do anything with Your Content that you upload to the Services that, but for this consent, would constitute an infringement of your moral rights (as defined in the Australian Copyright Act 1968 (Cth) and equivalent legislation in other jurisdictions). This includes reproducing, publishing, performing, transmitting, exhibiting, adapting, altering or in any way changing or using the content in any way that we see fit.
The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via the Services may not be secure and you should use discretion in deciding what information you send to us via these means.
Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise as a result of using, or inability to use, the Services, Your Content or any other content, information or service available on or from the Services.
You will indemnify and will keep indemnified us and each of our directors, officers, employees and agents from and against all liability suffered or incurred that arises from any claims by third parties in connection with your use of the Services or Your Content (including without limitation that any such content breaches privacy, confidentiality, intellectual property rights or any law or that we are in breach of a Customer Agreement).
9. Linking and framing
The Website may contain links to other sites and may display content or information from other sites within frames on this Website. We are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose. You may link to the home page of our Website provided you do so in a way that accurately indicates that the link is to an Atticus page and is not misleading.
10. Use of electronic addresses
We may publish electronic addresses of our employees, officers and partners on the Website for business purposes only. The publication of those electronic addresses should not be taken as consent by such employees, officers and partners to receiving unsolicited commercial electronic messages from you or any third parties.
11. Termination or suspension of Services
We have the right to terminate or suspend the operation of the Services (including in part) for any reason without notice and without liability. We may (without limitation) suspend the Services to conduct maintenance or implement updates. As an Authorised User your continued access to the Services is also dependent on the Customer’s subscription and the access granted to you by the relevant Customer.
12. Privacy and collection of personal information
Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Services complies with the laws of any other country. If you access the Services from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on content made available via the Services.
If you have any questions concerning the Services, please contact us at firstname.lastname@example.org
We hope you enjoy Atticus!
Effective 19 April 2021