Legal Notice

1. Terms of use

As consideration for allowing you, the user (User, You, Your and other similar terms), to view the content on our website, located at the URL https://www.metacoda.com (Site), Users agree to the following terms and conditions of use (Terms of Use).
The Site is operated by Metacoda Pty Ltd ACN 127 389 262 (Company, We, Our, Us and other similar terms) and provides Users with access to the content and Facilities on our Site pursuant to a non-exclusive, world-wide, non-transferable licence contained herein.
By viewing the content, using the Facilities on Our Site or creating an Account, You acknowledge and agree that You have had sufficient opportunity to read and understand these Terms of Use, and that You are legally able to agree to be bound by them. If You do not agree to these Terms of Use, You must leave Our Site immediately.

1.1 Defined terms

In these Terms of Use:
Account means an account created by a User for the purposes of accessing the Metacoda Customer Portal and the Site’s enhanced content and Facilities.
Facilities means any enhanced feature that appears on the Site that enables Users to access or use the content including the Metacoda Customer Portal.
Privacy Statement means the statement about how we collect and use personal information collected from You which is available on our Site at https://www.metacoda.com/en/privacy/

2. Permitted use

2.1 Use of content and Facilities

  1. Unless otherwise indicated, We reserve all copyright in the content and design of the Site. We own, or are a licensee of, all such copyright and provide it to You under the terms of a limited licence embodied in these Terms of Use each time You visit the Site.
  2. You may download, print or copy content provided on the Site for Your own use. Unless We provide You with a mechanism to do so, You must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
  3. You must not use, reproduce, communicate, publish, or distribute any of the content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, You must not reproduce or use any of the information on our Site for commercial benefit.
  4. Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms of Use, no part of the content may in any form or by any means (including framing, screen scraping, electronic, mechanical, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission of the Company.

3. Compliance with contractual obligations

We are a proud SAS Silver Partner and provide our products according to the terms of this partnership.

4. Use of Account

4.1 Account and access

You agree to keep any passwords provided by the Site confidential. You are expressly prohibited from sharing Your Account details with third parties.

4.2 Termination of Account

  1. We reserve the right to limit, cancel, suspend or terminate Your Account without notice to You and without providing a reason if We believe You are breaching any of these Terms of Use or We are of the opinion that Your use of the Account may be a breach of a third party’s intellectual property rights.
  2. You agree not to hold Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of an Account.

4.3 Data security

Your Account on Our Site is password-protected for Your privacy and security. Metacoda safeguards the security of the data You send us with physical, electronic, and managerial procedures. In certain areas of our Site, Metacoda uses industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect Your personal information, we cannot ensure the security of the information You transmit to us, and so we urge You to take every precaution to protect personal information you submit when on the internet.

5. Prohibitions on use of Site

5.1 The Site and the Content and Facilities

The Site and the Content and Facilities contained herein must not be used in any manner that infringes the Our rights. You must not:

  1. data mine or conduct automated searches on the Site or the content, whether through the use of additional software or otherwise;
  2. frame or mirror the Site;
  3. tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its content;
  4. transmit any virus, worm or other disabling feature to or via the Site;
  5. use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

5.2 RSS Feeds

If You utilise any of the Facilities on the Site such as RSS Feed(s)(Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. You must include the back link to the full article on the Site and show any included attestation.

5.3 Trademarks

  1. Metacoda trademarks – We may be the owner of several common law, or (where indicated), registered trademarks which appear on the Site. Unauthorised use of these trademarks will infringe Our intellectual property rights. We reserve our rights to take action against Users who violate the Company’s intellectual property rights.
  2. SAS Institute trademarks – SAS and all other SAS Institute Inc. product or service names are registered trademarks or trademarks of SAS Institute Inc. in the USA and other countries. ® indicates USA registration. These Trademarks are used with permission. Other product and company names mentioned on our Site may be registered trademarks or trademarks of their respective owners. Metacoda Pty Ltd disclaims any and all rights in those marks.

6. Privacy Statement

In using the Site, You are deemed to also accept the terms and conditions of Our Privacy Statement.

7. Provision of service

  1. We may without notice suspend access to the Site or disconnect or deny You access to any part of the Site during any technical failure or maintenance period.
  2. We may also choose, at Our sole discretion, to block or deny You access to any of the content or Facilities contained on the Site.
  3. We may make improvements and or changes to the Site and the content at any time without notice. We do not warrant that the information, architecture or navigation will not change now or at any time in future.

8. Disclaimer and limitation of liability

8.1 No duty of care

  1. You access the Site at Your own risk and are responsible for compliance with the laws of Your jurisdiction in addition to these Terms of Use.
  2. We make the Site available for You to use, however We do not assume a duty of care to You. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the content on the Site.
  3. If relying on the Site’s content, You must make your own investigations to ensure it is accurate before doing so.

8.2 Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

  1. Your use of the Site is at Your sole risk. The service is provided on an “as is” and “as available” basis. The Company and its officers, employees and Partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  2. the Company and its employees, officers and agents make no warranty that:
    1. the content will meet Users’ requirements;
    2. the information contained in the content is accurate or reliable;
    3. the content will be uninterrupted, timely, secure or error-free;
    4. the quality of the content, or other material obtained by You through the Site will meet your expectations; or
    5. any errors will be corrected.
  3. any content downloaded or otherwise obtained through the use of the Site is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your computer or loss of data that results from the download of the content; and
  4. no advice or information, whether oral or written, obtained by You from Us or through or from the content creates any warranty not expressly stated herein;

8.3 Limitation of liability

  1. Except for certain statutory warranties under consumer protection laws the Company does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the content on the Site or Your use of the content on the Site.
  2. Subject to any claims available under consumer protection laws, the Company and its officers, employees or agents are not liable for any loss or damage, including, but not limited to, direct, indirect or any form of consequential losses such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost or personal injury or death, however suffered or sustained in connection with:
    1. any inaccurate or incorrect information provided on the Site;
    2. Your use of the content on the Site;
    3. any failure or delay including, but not limited to, the use or inability to use any of the content on the Site;
    4. any interference with or damage to Your computer system(s) which occurs in connection with use of the content on the Site;
    5. the cost of procurement of substitute products or content resulting from any products or content purchased or obtained through the content on the Site;
    6. any unauthorised access to or alteration of your Account information;
  3. For claims that cannot be excluded or restricted under consumer protection laws, the liability of the Company for such a claim will (at the Company’s option and to the extent permitted by law) be limited to:
    1. in the case of products:
      1. repairing or replacing those products; or
      2. paying the cost of having those products repaired or replaced; and
    2. if the breach relates to content:
      1. resupplying the content or its equivalent; or
      2. paying the cost of having the content or its equivalent resupplied.

8.4 Links to third party websites

  1. We do not represent that the content on other websites to which the Site contains links, does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
  2. By inadvertently linking to infringing third party content, We are not authorising infringement of any intellectual property rights contained in those websites. You may Contact Us to notify Us of any links You believe infringes a person’s copyright.

9. General provisions

  1. Access to the Site outside the Jurisdiction – No representation or warranty is made that the content on the Site complies with the laws of any country outside of Australia. If You access the Site from outside Australia, You do so at Your own risk.
  2. Changes – We may change the Terms of Use at our discretion. The version of the Terms of Use that applies will be available on the Site each time You visit the Site.
  3. Entire agreement – These Terms of Use, any documents incorporated by reference, and any warranties implied by law which are not capable of being excluded or modified, amount to the entire agreement with the User. Any contact with the Company’s officers, agents or authorised representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms of Use.
  4. Indemnity – By using the Site, You indemnify the Company and its officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that the Company may incur or suffer as a direct or indirect result of:
    1. a breach of these Terms of Use of Use;
    2. any actual or alleged breach of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site;
    3. any claims brought by or on behalf of any third party relating to any act or omission by the User, including breach of a third party’s copyright or trade mark.
  5. Governing law and jurisdiction – The laws of Queensland and Australia govern this Agreement. You submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
  6. Severance – If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
  7. Waiver – If We do not act in relation to a particular breach by You of these Terms of Use, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches.