Last Updated: June 15, 2018
IMPORTANT NOTICE: YOUR USE OF OUR SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 13, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAYOF BINDING ARBITRATION. Please carefully review Section 13 for more information.
We may revise and update this Agreement from time to time, and will post the updated Agreement to our Service. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT,ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to thisAgreement will not apply retroactively to events that occurred prior to such changes. Your continued use of our Service will constitute your agreement to any new provisions within the revised Agreement.
The contents of our Service, and our Service as a whole, are intended to primarily facilitate Tiller’s business of providing timekeeping products and services, as set-forth and defined by Tiller and subject to change by Tiller at any time, in Tiller’s sole discretion. All written content prepared and posted by Tiller, and our Service design, layout, look, appearance, and graphics on our Service, as well as the trademarks, service marks, and logos contained on our Service (collectively, “Tiller Content”) are owned by or licensed to Tiller and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Tiller reserves all rights not expressly granted in, and to, our Service and the Tiller Content.
Except as otherwise provided in this Agreement, no part of our Service and no Tiller Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Tiller’s prior express written consent.
On the condition that you comply with all your obligations under this Agreement, Tiller grants you a limited, revocable, non-exclusive, non-transferable license to access ourService. Any use of our Service in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use our Service.
Your access to our Service is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on our Service without notice.
Our Service may include features that involve information that you upload, submit, or send through our Service (“Your Content”).This Section provides the terms and conditions governing your use of such features.
A. License to Your Content. By submitting Your Content to our Service, you grant Tiller a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in this Agreement. Please do not submit Your Content to ourService if do not wish to grant us the rights set forth in this Section 3(A).
B. Your Suggestions. We welcome your comments regarding our Service, Tiller Content, and our products. In addition to the license you grant to us in Section 3(A) for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to our Service and Tiller’s products (including any related technology), whether you send such information or materials to us through our Service or through a separate communication channel, you grant us anon-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute, and exploit any such information or materials in any manner. Please do not send us such information or materials if you do not wish to grant us the rights set forth in his Section 3(B).
C. Your Responsibility for Your Content. Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. Tiller further reserves the right to monitor delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic or otherwise violates thisAgreement.
Tiller may suspend or terminate, in whole or in part, your access to our Service and the related services if you violate the terms and conditions set forth in thisSection. If your violation of this Agreement is related to the purchase of a product on our Service, Tiller may also cancel or void any related purchase order.
In addition to complying with other restrictions in this Agreement, when using our Service, you will not:
Tiller may suspend or terminate, in whole or in part, your access to our Service and the related services if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on ourService, Tiller may also cancel or void any related purchase order.
Our Service may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on ourService does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites.
A. General Terms. We will charge your credit card upon purchase of a Tiller product through our Service. Note that a charge may take 1-2 business days to appear in your statement depending on bank affiliation. A Tiller product will typically be shipped within 3-5 business days of your purchase.
EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE, OUR SERVICE AND ALL RELATED SERVICES ARE PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF OUR SERVICE; (II) ANY ADVICE YOU GLEAN FROM OUR SERVICE WHETHER PROVIDED BY US OR A THIRD PARTY; OR(III) ANY OTHER CONTENT AVAILABLE THROUGH OUR SERVICE. WE DO NOT PROMISE THAT OUR SERVICE WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILLBE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADEBY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT.
You must provide the equipment and Internet connections necessary to access our Service at your own expense. We do not guarantee that our Service will operate with your computer, mobile device, Internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
There may be times when our Service is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that our Service will always be available or is completely free of human or technological errors.
Our Service may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in our Service or any information supplied to you via our Service, or that files available through our Service are free of viruses, worms, trojan horses, or other code that include or manifest contaminating or destructive characteristics.
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
NONE OF Tiller AND ITS SUPPLIERS, LICENSORS, PARENT, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,ASSIGNEES, AND SUCCESSORS-IN-INTEREST, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF OUR SERVICE, OR ANY INFORMATION YOU OBTAIN ONIT, OR ANY OTHER INTERACTION WITH OUR SERVICE, AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF Tiller.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICE WILL BE TO STOP USING OUR SERVICE.
IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF Tiller,ITS SUPPLIERS, LICENSORS, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,AND ASSIGNEES, OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING INANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING,NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS ($1000.00 USD) OR THE AMOUNT THAT YOU HAVE SPENT ON PRODUCTS PURCHASED FROM OUR SERVICE OVER THE PAST 12 MONTHS.
YOU SHALL HOLD HARMLESS, INDEMNIFY, AND DEFEND Tiller, ITS SUBSIDIARIES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “Tiller PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING ANY AND ALL LIABILITIES, DAMAGES, LOSSES,COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING THEREFROM) ARISING OUTOF OR RELATING TO ANY ACTION OR PROCEEDING BROUGHT BY A THIRD PARTY AGAINST ANY ONE OR MORE OF THE TillerPARTIES: (I) ALLEGING INJURY, DAMAGE, OR LOSS RESULTING FROM YOUR USE OFOUR SERVICE; (II) ALLEGING THAT YOUR CONTENT INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD-PARTY; (III) RELATED TOANY ACT OR OMISSION BY YOU WHICH IS A BREACH YOUR OBLIGATIONS UNDER THIS AGREEMENT; AND (IV) YOUR USE OF INFORMATION OBTAINED THROUGH OUR SERVICE.
You will have the right to defend and compromise such claim at your expense for the benefit of the TillerParties; provided, however, you will not have the right to obligate the Tiller Parties in any respect in connection with any such settlement without the written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend, the Tiller Parties may do so to protect their interests and you will reimburse all costs incurred by the TillerParties in connection with such defense.
The validity, construction, and effect of this Agreement will be governed by the laws of the U.S. State of Missouri, without giving effect to that state’s conflict of laws rules. Any dispute, controversy, or claim between you and Tiller will be resolved in accordance with Section 13.
All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of ourService shall be resolved by final and binding arbitration to be held in theEnglish language in Kansas City, Missouri pursuant to the CommercialArbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part, of this Agreement is void or voidable.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
A. Complete Agreement. This Agreement constitutes the entire agreement between you and Tiller relating to your use of, and access to, our Service and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth in Section 1. For avoidance of doubt, notwithstanding this Section 14(A), this Agreement does not modify, revise, or amend the terms of any other agreements you may have with Tiller.
B. Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Except as otherwise provided, references herein to Sections refer toSections of this Agreement. The words “include,” “includes” and “including”shall be deemed to be followed by the words “without limitation.” References to“herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.
C. No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
D. No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
E. Language of the Agreement. Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.
F. No Third Party Beneficiaries. Nothing in this Agreement will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
G. Notices. You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section 15. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us bye-mail or through posting notices to your account. You are responsible for providing Tiller with up-to-date contact information, which you may do by updating your account information through our Service or by sending a message to us via the contact information provided in Section 15. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail email@example.com or mail us at:
Tiller Time Pty Ltd
PO Box 94
Flinders Lane, VIC 8009