The website and services available at www.atticus.tech and any other domain or sub-domain using .atticus.tech (“Website”) and the ‘Atticus’ web-based software service (“Atticus Platform”) are governed by these terms (“Terms of Use”). The Services (as defined below) are operated by Assemble Technologies Pty Ltd ACN 620 609 430 (“Atticus”). In these Terms of Use, “us”, “we” and “our” means Atticus and any related bodies corporate.

1. Acceptance of the Terms of Use
By using the Atticus Platform, the Website or any other products and services we provide or make available from time to time (collectively, the “Services”) you agree to be bound by these Terms of Use in your personal capacity as they exist at that time. In addition, where you are accessing, using or receiving the Services on behalf of an organisation (for example your employer), you represent and warrant that you are authorised to accept and agree to these Terms of Use on behalf of that organisation which will be bound by these Terms of Use, and “you” and “your” will be construed accordingly. If you do not agree with these Terms of Use (including any amendments to these terms) you must immediately cease using the Services.

We may amend these Terms of Use from time to time. You should check this page from time to time for changes. Your continued access to and use of the Services constitutes your acceptance of any revisions or changes to these Terms of Use.

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.

Where you are agreeing these Terms of Use as an Authorised User of an organisation that is also our Customer then to the extent of any conflict or inconsistency between the Customer Agreement and these Terms of Use, the Customer Agreement will prevail as between that Customer and us and these Terms of Use will prevail as between us and you in your personal capacity. If there is no Customer Agreement affecting your access and use of the Services, then these Terms of Use will be the sole agreement between you, your organisation, and us.

3. Access to the Services
You will need to register as a user and create a profile in order to access some parts of the Services and certain features. In consideration of the grant of access to our Services, you represent and warrant that you will access and use the Services in accordance with these Terms of Use.

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 protected]. 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 agree to only use the Services in accordance with these Terms of Use, our Acceptable Use Policy, and applicable laws. Importantly, you must: (a) ensure and verify that, as appropriate, Your Content is complete, current, accurate and not misleading; (b) keep Your Content and other data confidential and secure; (c) complete the training and read the user instructions made available by Atticus before using the Services; (d) comply with the lawful instructions of the Customer; (e) use the Atticus Platform and each feature in accordance with any training, user instructions and the Acceptable Use Policy provided by Atticus; (f) notify Atticus without undue delay if you suspect that any third party may be using the Atticus Platform, Your Content or other data in breach of your or any third party rights, contractual obligations or the law; and (g) not use the Services or access the Website or Atticus Platform (including any information obtained from such access) to build or develop, or to assist someone else to build or develop, a platform, application or software which is the same as or similar to the Website or Atticus Platform.

In addition to any of our other rights or remedies, your failure to comply with these Terms of Use may result in the suspension or termination of your right to access the restricted sections of the Services, without notice. We also reserve the right to temporarily suspend your access to the Atticus Platform, Your Content or other data where we reasonably believe that such suspension or restriction may prevent or mitigate a breach of your or any third party rights, breach of these Terms of Use or breach of any law.

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.

7. Security
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.

8. Liability
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.

Except as expressly stated in these Terms of Use, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise (including as to the currency, completeness or accuracy of the content displayed on the Website or in the Atticus Platform or the availability of the Services) are excluded to the extent permitted by applicable law. Your use of the Services is at your own risk and the Services are provided to you “as is” and “as available”. As an Authorised User, you acknowledge that the Customer is responsible for the results of any use of the Services and we will not be liable to you or the Customer in connection with any outputs of the Services or any documents verified by you or the Customer (or other third parties) using the Services.

Nothing in these Terms of Use restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the fullest extent permitted by law, including in relation to services, at our absolute discretion either resupplying the services or paying the costs of having the services resupplied.

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
Any personal information we collect about you via the Services or otherwise will be dealt with in accordance with our Privacy Policy and Collection Notice, as updated from time to time. We may use cookies to identify your computer on our server and so we can track your use of the Services. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

13. General
These Terms of Use are governed by the laws of Victoria, Australia. In the event that we have a legal dispute relating to the Services or these Terms of Use the courts of Victoria will have exclusive jurisdiction.

If any provision of these Terms of Use is found to be invalid or unenforceable, the provision will be deemed severed from the Terms of Use and the remainder of the terms will continue in full force and effect.

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.

14. Contacts
If you have any questions concerning the Services, please contact us at [email protected]

Please contact the Customer if you at any time or for any reason wish to change or end your rights to access the Atticus Platform as an Authorised User, including due to any updates to these Terms of Use or our Acceptable Use Policy.

We hope you enjoy Atticus!

Effective 19 April 2021
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