Disclaimer and Waiver

1. APPLICATION

   
   

   1. This Disclaimer and Waiver applies to the provision of Services by Visitus Reception Pty Ltd (ACN 626 272 795) trading as VisitUs (we, us, our) to you. By paying for, accessing or participating in the Services, as defined below, you agree to this Disclaimer and Waiver.

      
      

   2. For the purposes of this Disclaimer and Waiver:

      
      

      1. Activities means the provision of:

         
         

         1. Development Services;

         2. SaaS Services; and

         3. Services.

            
            

      2. Authorised Users means a user authorised to use the SaaS Licence.

         
         

      3. Claim means any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand;

         
         

      4. Development Services means any changes to the scope, functionality or nature of the SaaS Licence or the elements of the Software used to provide the SaaS Licence or any bespoke customisations to the SaaS Licence.

         
         

      5. SaaS Licence means the non-exclusive, non-transferrable, non-sublicensable, personal licence provided to you to access and use the SaaS services for your business during the Term.

         
         

      6. SaaS Services means the SaaS Licence and any Development Services.

         
         

      7. Services means any services we provide including but not limited to SaaS Services, our Site, customer service and any other services offered in the future.

         
         

      8. Term means the term in which you pay the SaaS Licence fees.

         
         

2. GENERAL DISCLAIMER

   
   

   1. We provide the Activities on an "as-is" and "as available" basis and whilst every effort is taken to ensure the information provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy the information provided by us or the Activities in general.

      
      

   2. You acknowledge and agree that we, our employees, affiliates, and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Activities.

      
      

   3. Any testimonials and examples of our Activities, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

      
      

   4. We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Activity. It is your responsibility to independently determine suitability of any Activity and to test and verify the same.

      
      

   5. Any information, any documents, any guidelines, or recommendations made by us in relation to the Activities are made on the basis of information that was available to us at the time.

      
      

3. SERVICE SPECIFIC DISCLAIMER

   
   

   1. You understand that the Activities as defined in clause 1.2(a) may contain varying degrees of risk.

      
      

   2. You understand and acknowledge that the risks of the Activities include, but are not limited to:

      
      

      1. data breaches;

      2. security breaches;

      3. misconduct by third parties which result in data and/ or security breaches;

      4. misconduct by personnel employed by you which results in data and/or security breaches; and

      5. any other events which may lead to data/security breaches regarding confidential information.

         
         

   3. You understand and acknowledge that whilst we take reasonable steps to ensure that the Activities are secure for the purposes of data and security, we exclude any and all liability arising from any losses that you may incur as a result of such breaches occurring. Such loss includes any Claim brought against you in relation to, or arising out of, your participation in the Activities.

      
      

   4. You warrant that you are of sound mind when you accept this Disclaimer and Waiver, and have the capacity to accept full responsibility for assessing whether you are willing to participate in any Activity which carries an element of risk. In summary, you acknowledge our Activities carry an element of risk and that you shall be solely responsible for consenting to participate in such activities.

      
      

   5. You accept full responsibility for informing yourself and assessing all the dangers, hazards and risks of being involved with the Activities and you will rely solely on your own assessment of these dangers, hazards and risks before participating in those activities.

4. WAIVER AND RELEASE OF LIABILITY

   
   

   1. To the extent permitted by Law and in consideration of being permitted to participate in our Services, you agree that you will not make, take or seek any Claim against Visitus Reception Pty Ltd (ACN 626 272 795) and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your participation in our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your participation in our Services.

      
      

   2. Without limiting the above, you acknowledge and agree that in the event that you are injured, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.

      
      

   3. You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Services provided by us.

      
      

   4. You agree to hold harmless and indemnify the Releasees from any and all Claims made against, or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your participation in our Services.

      
      

   5. This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

      
      

   6. This Disclaimer and Waiver operates jointly and severally in favour of the Releasees. This document was last updated on 28 February 2024.