This Site (as defined below) is offered to you, the Customer, by the Service Provider at its Internet domain sesque.com. Your use of the Site and/or your acceptance of these Web Site Terms and Conditions, including our Privacy Statement and SLA, constitutes your agreement to all such terms, conditions and statements pertaining to the Site. If you do not agree with these Web Site Terms and Conditions you are not authorised to use the Site. We reserve the right to amend these Web Site Terms and Conditions from time to time without notice to you and in our sole discretion. It is your responsibility to review this page for updates which shall come into effect once posted.
In this agreement, unless the contrary intention appears:
In these Web Site Terms and Conditions the expressions we, us and our are a reference to the Service Provider and the expressions you, your are in reference to the Customer.
^ Top of the pageAll rights in all material and content, including, but not limited to, Intellectual Property Rights, text, images, web pages, sound, software (including code, interface and web site structure and video, and the look and feel, design and compilation thereof) accessed at or comprising this Site are owned by us. You acknowledge and agree that you are permitted to use the material and/or content only as set out in these Web Site Terms and Conditions or as otherwise expressly authorised in writing by us, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
^ Top of the pageSeveral Site subdomains, such as payroll.sesque.com, require a valid subscription plan. Depending on the specific functionality provided at the Site subdomain, a subscription may be issued to a user account's registered owner or to a Business Entity linked by the registered owner to their user account.
We provide free as well as paid subscriptions. The free subscription is offered solely to the legal owner of a Business Entity, for processing data related to their own Business Entity, and provides access to a limited subset of the available functionality. These limitations are removed from the paid subscriptions. Note that processing data on behalf of another Business Entity requires a paid Ultimate subscription.
You can change your subscription by upgrading or downgrading your plan. However, note that only one subscription change, either upgrade or downgrade, is permitted per settlement cycle.
By you upgrading from a free to a paid subscription, we will automatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the payment method associated with your user account.
Only credit cards are accepted as payment methods. Payments are processed at the end of each settlement cycle. If we are unable to successfully charge your nominated payment method for fees due, your system access will be restricted. You will have to contact us to discuss regaining full system access. Note that the affected subscription will still be accruing charges in the meantime.
You may cancel your subscription at any time. Payment is required for any outstanding fees incurred.
^ Top of the pageWe are the owners of and/or are permitted to use all Intellectual Property Rights appearing on or contained within the Site, unless otherwise indicated. You acknowledge and agree that the use of the Site does not grant to you any right of use or interest in any Intellectual Property Rights in the Site. Except as provided in these Web Site Terms and Conditions or as otherwise expressly authorised in writing by us, any use or reproduction of such Intellectual Property Rights by you is prohibited and to do so is a breach of these terms and may infringe the Intellectual Property Rights of third parties or our Intellectual Property Rights.
^ Top of the pageYou may view this Site and print hard copies of content, information or material appearing on the Site solely for lawful purposes connected with your Business Entity. You agree not to otherwise copy, modify, download, reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, store, sell, share or make available to any person, any such content, information or material, or use it for any commercial purposes. All other rights are reserved.
^ Top of the pageYou must not, and must not attempt to:
Further, you must not do any of the following:
When you register a Business Entity on the Site, as required by some of Our Services, you must use the Business Entity's official contact details, i.e. street address, email address and phone number. Further, you are responsible for ensuring that only authorised persons have access to the Business Entity. Any persons you authorise to access the Business Entity must do so using their own user credentials, i.e. username and password. Sharing user credentials is strictly prohibited and it is your resposibility to enforce this for all the persons you authorise to access the Business Entity. It is also your responsibility to manage the secure access of all the persons authorised by you, including password rotation, two-factor authentication enforcement and removing access from persons no longer having authority to access the Business Entity. All access to the Business Entity by persons you authorised remains your responsibility. We do not accept responsibility or liability of any sort for any consequences whatsoever that you may suffer or incur by reason of any improper use of or access to the Business Entity by persons you authorised.
If you breach any of these requirements or if we determine, in our sole discretion, that your conduct constitutes misuse of the Site or any of Our Services, we may restrict, suspend or terminate your access to the Site and any of Our Services without first providing notice to you.
^ Top of the pageUsers of this Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false email address, impersonate any person or Business Entity, or otherwise mislead as to the origin of any content or your identity. We reserve the right, but not the obligation, to remove or edit any content at any time in our sole discretion and without first providing notice to you.
You represent and warrant that:
This Site may contain Interactive Services. We do not actively monitor the use of any of the Interactive Services available on the Site. Similarly, we do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through the Site. As a result, you may be exposed to content on the Site or on sites accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor any of the Interactive Services available on the Site and to remove any content which, in our sole discretion, constitutes a misuse of the Interactive Services and may restrict, suspend or terminate your use of the Interactive Services or the Site in our sole discretion.
^ Top of the pageWe (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to the Site or any of Our Services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and Our Services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care, fitness for purpose or timeliness of performance.
All information contained on or accessed through this Site is provided in good faith. However, we make no representation or warranty that any of the information contained on or accessed through the Site will be 100% reliable and accurate.
All implied terms, conditions and warranties (whether statutory or otherwise) are to the fullest extent permitted at law excluded from your use of the Site and the supply of Our Services.
If the Competition and Consumer Act 2010 (Cth) or any other Acts (including, without limitation, equivalent State or Territory legislation) implies into these Web Site Terms & Conditions any term, condition or warranty which or the effect of which cannot be excluded or modified and if we breach such term, condition or warranty then our liability (if permitted by the relevant Act) is limited to, at our election, the resupplying of Our Services, a refund of the cost of having Our Services supplied or payment of the cost of having Our Services resupplied (the Saving Clause).
^ Top of the pageSubject to the Saving Clause, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential loss or damage whatsoever (howsoever arising, including negligence) arising out of or in connection with these Web Site Terms & Conditions (including any act or omission by us in the performance of these Web Site Terms & Conditions), the usage of the Site, or resulting from your use of or reliance on any information contained on or accessed through the Site.
To the extent permitted by law, and subject to the Saving Clause, in the event that we are liable to you, then our total and aggregate liability whatsoever (including in contract, tort (including negligence), pursuant to statute or otherwise) arising out of, or otherwise in relation to, these Web Site Terms & Conditions (including any of our acts or omissions in the performance of these Web Site Terms & Conditions) or the usage of the Site shall be limited to payment of damages recoverable at law up to a maximum of the amount equal to the total amount paid or payable by you to us for the preceding three month period.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment or any other act or omission or default of any other third party.
^ Top of the pageYou indemnify us, our related bodies corporate and our respective directors, officers, employees and agents and agree to keep each of them fully indemnified from and against any loss, claim or damages (including, without limitation, any costs on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of or arising out of any use by you of the Site, including but not limited to the following circumstances:
Your privacy is important to us and we refer you to our Privacy Statement. Please contact us if you have any questions.
^ Top of the pageThis Site may contain links to other web sites operated by parties other than us. References to any products, services, processes, trade names, trademarks, or other information of third parties does not imply or constitute an endorsement, sponsorship association with or recommendation by us. Links to third party sites not operated by us are provided to you for your convenience only. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such sites.
^ Top of the pageThese Web Site Terms & Conditions, including our Privacy Statement and SLA, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements.
^ Top of the pageThe failure by us to exercise or enforce any right or provision of the Web Site Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Web Site Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Web Site Terms & Conditions shall to the fullest extent possible remain in full force and effect.
^ Top of the pageUnless otherwise explicitly stated, notices to us must be submitted through our Contact Us page and notices to you will be sent to the email address provided to us during the account registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
^ Top of the pageExcept in the case of an application for urgent interlocutory relief, any dispute, controversy or claim arising out of, relating to or in connection with these terms, including any question regarding the legal effect of these Web Site Terms and Conditions, the validity of these Web Site Terms and Conditions or the exercise of rights under these Web Site Terms and Conditions shall be resolved by arbitration in accordance with the Expedited Arbitration Rules of the Australian Centre for International Commercial Arbitration. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. There will be only one arbitrator.
^ Top of the pageThese Web Site Terms & Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.
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