Terms of use

1.  Introduction

1.1.  SeePilot Pty Ltd ACN 619 567 216 (Company) provides the SeePilot mobile application (seePilot) which is a virtual reality software solution that enables users to create their own virtual workspaces for communication, as more fully described in Clause 3 of this Agreement.

2.  Agreement

2.1.  This Agreement governs the use of SeePilot by any User. This Agreement has specific terms of use that apply to:

(a)  Organisations; and

(b)  Workers and ‘user’ shall mean either an organisation or a worker as the context requires

2.2.  In addition to any other express or implied consents, by using SeePilot the User accepts and agrees to the terms of:

(a)  this Agreement; and

(b)  the Privacy Policy

Where the User does not accept the terms of this Agreement, the User must immediately cease using SeePilot.

3.  The SeePilot Product

3.1.  SeePilot may enable the Users to

(a)  Create and manage Worker information and records;

(b)  Create and view User Content including 360-degree images and videos;

(c)  Record and view the locations and the sight of the User;

(d)  Record, play and view voice memos drawing on the User Content;

(e)  Mark-up and add text-boxes to image content;

(f)  Create and contribute to comment threads on the User Content;

(g)  Upload document and picture files;

(h)  Share the User Content with other Users;

(i)  Create and manage records of hazards and risks;

(j)  Create and manage inductions, training and safety discussion plans for Workers;

(k)  Create and manage records of dangerous goods and hazardous substances;

(l)  Create and manage policy and procedure documentation;

(m)  Create, manage and send notifications.

(n)  And other features that may be added from time to time

3.2.  SeePilot enables the Organisation to create and administer Workers’ user accounts for SeePilot and assign permissions and restrictions on the Workers’ user account to allow the Workers to carry out any of the tasks listed in Clause 3.1.

4.  Licence

4.1.  By using SeePilot, the User is granted a limited, non-exclusive and revocable licence to access and use SeePilot for the term of the Licence, in accordance with the terms and conditions of this Agreement.

4.2.  The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.

4.3.  The Company may revoke or suspend a User’s licence if they breach the terms and conditions in this Agreement.  The Company will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.

5.  Use

5.1.  The User agrees that it shall only use SeePilot for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

5.2.  Only one User may use a Worker’s user account. Two or more people may not share a Worker’s user account.

6.  Registration and authorised users

6.1.  The User must register an account in SeePilot to use SeePilot.

6.2.  The Company may set any registration requirements in its absolute discretion.

6.3.  The Organisation shall authorise Workers to access SeePilot in its absolute discretion. The Company accepts no liability for access to User Content by Users authorised by the Organisation or using login details of Users authorised by the Organisation.

6.4.  The User is solely responsible for the security of its username and password for access to SeePilot.

6.5.  The User shall notify the Company as soon as it becomes aware of any unauthorised access of its SeePilot account.

7.  Organisation Terms of Use

7.1.  The Organisation agrees and warrants that:

(a)  To the extent permitted by law the Organisation indemnifies and will hold the Company harmless against all costs, claims, damages and expenses for any:

(i)  Penalty imposed upon the Organisation;

(ii)  Injury, illness or death caused to a Worker or Third Party;

(iii)  Damage to the property of any Worker or Third Party;

(iv)  Claim of infringement of intellectual property rights made by a Third Party; and

(v)  Claim of breach of confidentiality by any Third Party as a result of the Organisation’s use of SeePilot and to the extent that the costs, claims, damages and expenses are not caused by the act or negligence of the Company.

(b)  It shall not store, record or disclose any Personal Information that it can access through SeePilot unless it is fully compliant with the Privacy Act;

(c)  It shall only use SeePilot for its intended purpose as set out in this Agreement;

(d)  It shall comply with all anti-SPAM legislation in its jurisdiction; and

(e)  It grants the Company a royalty free licence to use any logos and the Organisation’s names in any form, media or technology for the purpose of promoting or marketing SeePilot.

7.2.  Any person who registers as or on behalf of an Organisation in SeePilot warrants that he or she is an authorised representative of that Organisation with the requisite authority to bind the Organisation to this Agreement.

8.  Worker Terms of Use

8.1.  A Worker’s access to SeePilot may be created, limited and cancelled by the Organisation at the Organisation’s discretion. Such access may include such features as described in clause 7.1 as the Organisation enables for the Worker.

8.2.  The Worker agrees and accepts that:

(a)  To the extent permitted by law, under no circumstance will the Company be liable for any injury, illness, death or damage to property resulting from the use of SeePilot.

(b)  Any claim based on injury, illness, death or damage to property that results from a Worker’s use of SeePilot must be directed to the Organisation.

(c)  To the extent permitted by law, the Company accepts no liability for the accuracy of any information made available using SeePilot, including any User Content. Any reliance on the information available through SeePilot is at the Worker’s own risk.

(d)  The Worker indemnifies SeePilot against all costs, claims, damages and expenses for any injury or damage caused to the person or property of a Third Party as a result of the Worker’s use of SeePilot to the extent that the costs, claims, damages and expenses are not caused by the act or negligence of the Company;

(e)  SeePilot may share the Personal Information of the Worker with the Worker’s Organisation;

(f)  Any information shared by SeePilot with an Organisation may be retained by the Organisation for the purpose of updating their administrative records;

(g)  SeePilot may send the Worker emails, text messages, push notifications and other alerts on behalf of the Organisation;
(h)   SeePilot may send the Worker emails, text messages, push notifications and other alerts in relation to SeePilot software updates, feature releases and bug fixes;

(i)  Any consent or statement made by a Worker through SeePilot is valid and binding unless and until revoked by the Worker, and an Organisation may rely on a consent or statement made through SeePilot without any need to further verify the veracity of that consent;

(j)  All information about a Worker is used and controlled by the Worker or Organisation, not SeePilot; and

(k)  All information input into SeePilot about a Worker is provided with that Worker’s consent.

9.  Fees

9.1.  The Organisation must pay all Fees as and when they fall due and to the extent permissible by law. Fees are non-cancellable and/or non-refundable once services are ordered or paid.

9.2.  Where a Fee is paid for a particular term of access to SeePilot, the Organisation is not entitled to a pro-rata refund of any Fees if it elects to stop using SeePilot within that term. No refunds of Fees are offered other than as specified in this Agreement or as required by law.

9.3.  The Company may revoke or suspend the User’s licence to access SeePilot for unpaid Fees without liability.

9.4.  The Company may introduce new services with corresponding Fees by giving the User written notice of their availability and applicability.

9.5.  All transactions are processed in Australian dollars and conversion rates may apply for foreign currencies.

9.6.  GST is applicable to any Fees charged by the Company to Users within Australia. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. The Company will provide the User with a Tax Invoice for its payment.

9.7.  The Company shall issue the User a Tax Invoice for all Fees for which GST applies.

9.8.  Should the User dispute a Tax Invoice, the User must notify the Company of the disputed item within 5 Business Days of the date of the Tax Invoice.  The User must pay the amount of the Tax Invoice not in dispute within the prescribed payment period.

9.9.  Overdue Tax Invoices shall accrue interest at the rate of 1.5% per month, or in default, the maximum rate of penalty interest prescribed under law, whichever is higher.

9.10.  The User authorises the Company to use the User’s information for the purposes of obtaining a credit assessment or to otherwise make investigations as to the User’s payment history.

10.  Customer Data

10.1.  The Company obtains no right, title or interest in User Content including any Intellectual Property found within it.  The Company accepts no liability for the content of User Content.

10.2.  The Organisation is responsible for the accuracy, quality and legality of User Content and the Organisation’s acquisition of it, and the Users that create, access and/or use User Content.

10.3.  Despite clause 10.1 the Company shall be authorised to permanently delete User Content 30 days after the licence is terminated, or as otherwise negotiated in the licence.

10.4.  The Company shall not access, use, modify or otherwise deal with User Content except where required by compulsion of law or upon the User’s authority (such as to provide support for SeePilot).

11.  Data

11.1.  Security. The Company takes the security of SeePilot and the privacy of its users seriously.  The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.

11.2.  Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

11.3.  Storage. The Company may limit the amount of data that the User stores in SeePilot and shall advise the User of such.  Data that is stored with SeePilot shall be stored according to accepted industry standards.

11.4.  Backup. The Company shall perform backups of SeePilot in as reasonable manner at such times and intervals as are reasonable for its business purposes.  The Company will ensure it is able to recover all backups when requested by the Organisation.

12.  Access

12.1.  The User agrees that the Company shall provide access to SeePilot to the best of its abilities, however:

(a)  Access to SeePilot may be prevented by issues outside of its control; and

(b)  The Company accepts no responsibility for ongoing access to SeePilot.

12.2.  Users may prepare for unscheduled unavailability of SeePilot by:

(a)  Keeping their SeePilot mobile app up to date, which will store local copies of the data; and

(b)  Printing hard copies of reports.

12.3.  While the Company endeavours to ensure that SeePilot and the User Content continue to be available, the Company cannot guarantee that SeePilot or the User Content will operate or be available without any uninterrupted manner. Without limiting the generality of this clause 12.3, access to the Site or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control. The Company shall not be liable if for any reason SeePilot or the User Content is unavailable at any time or for any period.

12.4.  As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter SeePilot. The Organisation will be notified of any major changes that impact known integrations 30 days beforehand.

12.5.  The Company shall not exercise its rights under clause 3.4 in a manner that would intentionally cause the User to lose access to User Content or fundamentally decrease the utility of SeePilot to the User, other than in accordance with the terms of this Agreement.

13.  Intellectual Property

13.1.  Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

13.2.  Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any Third Party rights through the use of SeePilot.

13.3.  The SeePilot Application. The User agrees and accepts that SeePilot is the Intellectual Property of the Company and the User further warrants that by using SeePilot the User will not:

(a)  Copy SeePilot or the services that it provides for the User’s own commercial purposes; and

(b)  Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in SeePilot or any documentation associated with it.

13.4.  Content. All content (with the exception of User Content) remains the Intellectual Property of the Company, including without limitation any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to SeePilot.

14.  Confidentiality

14.1.  Information relating to the business operations, personal information and other information that should be confidential is Confidential Information

14.2.  Each party acknowledges and agrees that:

(a)  The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);

(b)  It owes an obligation of confidence to the Discloser concerning the Confidential Information;

(c)  It must not disclose the Confidential Information to a third party except as permitted in this Agreement;

(d)  All Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and

(e)  Any breach or threatened breach by the receiving party of an obligation under this Agreement may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.

14.3.  A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:

(a)  Any actual, suspected, likely or threatened breach by it of clause 14.2;

(b)  Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or

(c)  Any actual, suspected, likely or threatened theft, loss, damage, or unauthorised access, use or disclosure of or to any Confidential Information.

14.4.  The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:

(a)  Any actual, suspected, likely or threatened breach of a term of this Agreement; or

(b)  Any theft, loss, damage or unauthorised access, use or disclosure of or to any Confidential Information that is or was in its possession or control.

15.  Privacy

15.1.  The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.

15.2.  The Privacy Policy does not apply to how an Organisation handles personal information.  It is the Organisation’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

15.3.  The Company makes no warranty as to the suitability of SeePilot in regards to the Organisation’s privacy obligations at law or contract, and it is the Organisation’s responsibility to determine whether SeePilot is appropriate for the Organisation’s circumstances.

15.4.  The SeePilot website may use cookies (a small tracking code in your browser) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

15.5.  The User agrees and accepts that SeePilot may be hosted on servers located outside Australia and may also use email servers located outside of Australia. However, specific server locations or services may be used as negotiated between The Company and The Organisation. Such services may host or transmit a Worker’s Personal Information.

16.  Liability & Indemnity

16.1.  The User agrees that it uses SeePilot at its own risk.

16.2.  The User acknowledges that SeePilot does not provide occupational health and safety, or compliance advice.

16.3.  The User agrees that it has had reasonable opportunity to obtain legal advice on this Agreement.

16.4.  The User acknowledges that the Company is not responsible for the conduct or activities of any other User and that the Company is not liable for such under any circumstances.

16.5.  The Organisation agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with SeePilot to the extent that such loss, damage, cost or expense is not caused by the act or negligence of the Company, including any breach by the User of this Agreement.

16.6.  In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use SeePilot or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

16.7.  Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified.  Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

(a)  The re-supply of services or payment of the cost of re-supply of services; or

(b)  The replacement or repair of goods or payment of the cost of replacement or repair.

17.  Breach

17.1.  Where a party is in breach of this Agreement, the other party may issue a written notice (Breach Notice) requiring the party in breach that must set out:

(a)  The nature of the breach;

(b)  The provisions of the Agreement that are alleged to have been breached;

(c)  A reasonable timeframe to remedy the breach in no less than 10 Business Days; and

(d)  The action required to remedy the breach.

17.2.  Where a party issues a compliant Breach Notice in accordance with clause 17.1, the receiving party shall be required to respond and/or remedy the breach as so set out in the Breach Notice.  Failure to respond in writing setting out:

(a)  The steps taken to remedy the breach; or

(b)  Why the party believes it is not in breach as put forward in the Breach Notice,

(c)  Shall not in itself confirm the alleged breach but shall be in itself a breach of this Agreement.

17.3.  Failure to remedy a breach set out in a Breach Notice shall be a material breach of this Agreement (Material Breach).

18.  Termination

18.1.  Breach. Where a party is in Material Breach of this Agreement, the other party may terminate this Agreement by giving written notice of termination, which shall become effective 5 Business Days after the date of the notice.

18.2.  Insolvency. Either party may terminate this Agreement immediately by notice, if either party:

(a)  Stops or suspends or threatens to stop or suspend payment of all or a class of its debts;

(b)  Is insolvent within the meaning of section 95A of the Corporations Act;

(c)  Fails to comply with a statutory demand (within the meaning of section 459F(1) of the Corporations Act unless:

(i)  The debt to which the statutory demand relates is discharged within 15 Business Days of the date of the failure; or

(ii)  The party demonstrates to the satisfaction of the other party (acting reasonably) that it is able to pay all its debts as and when they become due and payable;

(d)  Has an administrator appointed in respect of it;

(e)  Has a controller within the meaning of section 9 of the Corporations Act or similar officer appointed to the whole or a substantial part of its assets or undertaking and that controller or similar officer is not removed within 15 Business Days of the appointment;

(f)  Has an order made or a resolution passed for its winding up or dissolution or it enters into an arrangement, compromise or composition with or assignment for the benefit of its creditors or a class of them;

(g)  Has any security enforced over, or a distress, execution or other similar process levied or served against, the whole or a substantial part of its assets or undertaking; or

(h)  Is subject to any event, which, under the law of any relevant jurisdiction, has an analogous or equivalent effect to any of the events listed above.

18.3.  Expiry or termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.

18.4.  The rights and obligations under the relevant provisions of Clauses 4.1, 5.2, 10, 11, 13, 14, 15, 16, 19 and 21 survive termination of this Agreement.

19.  Disputes

19.1.  Negotiation.  If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions.

19.2.  Mediation.  If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under Clause 19.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution.

19.3.  Court proceedings.  A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in Clauses 19.1 and 19.2 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.

20.  Force Majeure

20.1.  If a party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of Force Majeure, it will promptly notify the other party accordingly.  The notice must:

(a)  Specify the obligations and the extent to which it cannot perform those obligations;

(b)  Fully describe the event of Force Majeure;

(c)  Estimate the time during which the Force Majeure will continue; and

(d)  Specify the measures proposed to be adopted to remedy or abate the Force Majeure.

20.2.  Following a notice of Force Majeure in accordance with clause 20.1 and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.

20.3.  The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.

20.4.  The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this Agreement.

20.5.  The term of this Agreement will not be extended by the period of Force Majeure.

21.  Electronic Communication, Amendment and Assignment

21.1.  The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

21.2.  The Organisation can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement.  The Company will notify the Organisation of a change of details from time-to-time.

21.3.  The Company will send the Organisation notices and other correspondence to the details that the User submits to the Company, or that the Organisation notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.

21.4.  A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

21.5.  Notices must be sent to the parties’ most recent known contact details.

22.  General

22.1.  Assignment. The Organisation may not assign or otherwise create an interest in this Agreement. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

22.2.  Prevalence. To the extent that the Important Terms are inconsistent with the General Conditions, the terms of the Important Terms will prevail. To the extent that the Special Conditions are inconsistent with the Important Terms, the Special Conditions will prevail.

22.3.  Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

22.4.  Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.

22.5.  Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

22.6.  Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

22.7.  Governing Law. This Agreement is governed by the laws of New South Wales, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of New South Wales courts.

22.8.  Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

23.  Definitions and Interpretations

23.1.  The following definitions apply in this document:

(a)  Agreement means these Terms of Service.

(b)  Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in New South Wales, Australia.

(c)  Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:

(i)  All technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;

(ii)  All business and marketing plans and projections, details of agreements and arrangements with third parties, and customer and supplier information and lists;

(iii)  All financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;

(iv)  All information concerning any employee, customer, contractor, supplier or agent of the relevant party;

(v)  The party’s policies and procedures; and

(vi)  All information contained in this document, but excludes information that the other party can establish:

(vii)  Is known by or is in the other party’s possession or control other than through a breach of this document and is not subject to any obligation of confidence; or

(viii)  Is in the public domain other than by a breach of this document or any obligations of confidence.

(d)  Corporations Act means the Corporations Act 2001 (Cth).

(e)  Fee means any fee payable by a User for access to, or use of, SeePilot.

(f)  Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure.  It includes each of the following, to the extent it is beyond the reasonable control of that party:

(i)  Act of God, lightning, storm, flood, fire, earthquake or explosion cyclone, tidal wave, landslide, adverse weather conditions;

(ii)  Act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic;

(iii)  The effect of any change in applicable laws, orders, rules or regulations of any government or other competent authority; and

(iv)  Embargo, inability to obtain necessary materials, equipment or facilities, or power or water shortage.

(g)  GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(h)  Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;

(i)  Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.

(j)  Moral Rights means:

(i)  Moral rights pursuant to the Copyright Act 1968 (Cth);

(ii)  Or any rights analogous to the rights set out in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended from time to time).

(k)  Organisation means (without limitation) a person, organisation, business, company or entity that is a User of SeePilot and can create and administer e Workers’ user accounts in SeePilot.

(l)  Personal Information has the same meaning as in the Privacy Act.

(m)  Privacy Act means the Privacy Act 1989 (Cth).

(n)  Privacy Policy means SeePilot’s privacy policy as updated from time-to-time, which can be found at https://seepilot.com/privacypolicy.html

(o)  Third Party means any person that is not a User.

(p)  SeePilot means the SeePilot mobile application available from the Apple® App Store®, Google Play® and other mobile application marketplaces, as well as services offered through seepilot.com.

(q)  Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(r)  User means an Organisation or Worker that uses SeePilot.

(s)  User Content means data that is uploaded or input into SeePilot by the User or that forms part of the User’s Intellectual Property.

(t)  Worker means an employee or contractor of an Organisation.

23.2.  Headings are only for convenience and do not affect interpretation.  The following rules apply unless the context requires otherwise:

(a)  The singular includes the plural and the opposite also applies.

(b)  If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

(c)  A reference to a clause refers to clauses in this Agreement.

(d)  A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.

(e)  Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

(f)  A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

(g)  A reference to a person, company, corporation, trust, partnership, unincorporated body or other entity includes any of them.

(h)  A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

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