TERMS AND CONDITIONS Introduction “Hyper Anna” is a web-based, machine-learning driven data analyst. Once you have loaded a dataset onto this website, you can ask questions of Hyper Anna about the dataset and “she” will respond in real time with a combination of text and graphic replies. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use this website. References to “The Owner” are to Natalie Nguyen and Sam Zheng, who are the joint founders and owners of Hyper Anna and this website. In relation to the data that you upload to this website, The Owner: • acknowledges that he/she has been provided access to the data for the purposes of interrogating the data and reporting on it to you only; • undertakes not to use the data or the reports generated from the data for any other purpose; and • undertakes not to disclose, copy, publish, distribute, or otherwise deal with the data. License to use website Unless otherwise stated, The Owner and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: • republish material from this website (including republication on another website); • sell, rent or sub-license material from the website; • show any material from the website in public; • edit or otherwise modify any material on the website; or Where content is specifically made available for redistribution, it may only be redistributed within your organisation. Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Owner’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without The Owner’s express written consent. Restricted access Access to certain areas of this website is restricted. The Owner reserves the right to restrict access to certain areas of this website, or indeed this entire website, at The Owner’s discretion. If the Owner provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. The Owner may disable your user ID and password in The Owner’s sole discretion without notice or explanation. User content In these terms and conditions, “your user content” means material (including without limitation data files, text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to The Owner a worldwide, irrevocable, non-exclusive, royalty-free license to use your user content for the purpose of analysing the data provided and responding to questions in relation to such data. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Owner or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. The Owner reserves the right to edit or remove any material submitted to this website, or stored on The Owner’s servers, or hosted or published upon this website. No warranties This website is provided “as is” without any representations or warranties, express or implied. The Owner makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, The Owner does not warrant that: • this website will be constantly available, or available at all; or • the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. Limitations of liability The Owner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: • for any direct loss; • for any indirect, special or consequential loss; or • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if The Owner has been expressly advised of the potential loss. Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Owner’s liability in respect of any: • death or personal injury caused by The Owner’s negligence; • fraud or fraudulent misrepresentation on the part of The Owner; or • matter which it would be illegal or unlawful for The Owner to exclude or limit, or to attempt or purport to exclude or limit, its liability. Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Indemnity You hereby indemnify The Owner and undertake to keep The Owner indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Owner to a third party in settlement of a claim or dispute on the advice of The Owner’s legal advisers) incurred or suffered by The Owner arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to The Owner’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Owner may take such action as The Owner deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. ……………… Personal information collection The Owner may collect and use the following kinds of personal information: • information about your use of this website (including all questions that you ask of Hyper Anna); • information that you provide for the purpose of registering with the website; and • any other information that you send to The Owner. Using personal information The Owner may use your personal information to: • administer this website; • make improvements to Hyper Anna; • personalize the website for you; • enable your access to and use of the website services; • publish information about you on the website or in marketing materials; • send to you statements and invoices; • collect payments from you; and • send you marketing communications. Where The Owner discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, The Owner may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights. Securing your data The Owner will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. The Owner will store all the personal information you provide on its servers. ……………… Variation The Owner may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Assignment The Owner may transfer, sub-contract or otherwise deal with The Owner’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement These terms and conditions constitute the entire agreement between you and The Owner in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the laws of New South Wales, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New South Wales.