%3Ch1%3EOBJECTIVE CONNECT TERMS OF SERVICE%3C/h1%3E
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%3Cp%3E%3Cstrong%3E%3Cspan%3EObjective Connect is a content collaboration solution designed with a focus on providing governance, delivering government-grade security and enabling Customers to establish private workspaces that facilitate securely sharing material such as digital media, documents and records.%3C/span%3E%3C/strong%3E%3C/p%3E
%3Cp%3E%3Cstrong%3E%3Cspan%3EPLEASE NOTE:%3C/span%3E%3C/strong%3E%3Cspan%3E Below is a copy of the Objective Connect Terms of Service (“Agreement”) that appears when a subscription account is created in Objective Connect for customers subscribing to the Australia-located Connect instance. For those visitors who wish to subscribe to Objective Connect and who are happy to read legal terms and conditions at the time of subscription the same terms can be read before clicking “Accept” as part of the registration process.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3EThis Agreement should be read together with an Order Form.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3ELast updated: 30 November 2018%3C/span%3E%3C/p%3E
%3Cp%3E%3Cstrong%3E%3Cspan%3E %3C/span%3E%3C/strong%3E%3C/p%3E
%3Cp%3E%3Cstrong%3E%3Cspan%3ETHANKYOU FOR CHOOSING OBJECTIVE CONNECT%3C/span%3E%3C/strong%3E%3C/p%3E
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%3Cp%3E%3Cstrong%3E%3Cspan%3ETHESE TERMS OF SERVICE (including these opening notes) ARE A BINDING AGREEMENT%3C/span%3E%3C/strong%3E%3Cspan%3E for access to Objective Connect, a multi-tenanted software-as-a-service solution delivering rich sharing and collaboration functionality ("the Objective Connect Service"), including all updates and new releases, plug-ins, adaptors, components, modules or programs.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3EObjective makes the Objective Connect Service available to individual persons for their own use. In such cases the person who clicks “Accept” is representing to Objective that they are able to enter into a legally binding and enforceable contract, they have read and understood this Agreement, and they acknowledge they are personally bound by this Agreement.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3EObjective also makes the Objective Connect Service available to businesses for their business use and use by authorised employees, agents and/or contractors as part of day-to-day business-related work activities. In such cases the person who clicks “Accept” is representing to Objective that they have the authority to bind the Single Legal Entity to the terms and conditions of this Agreement, that this Agreement has been read and understood by the Single Legal Entity and the Single Legal Entity acknowledges it is bound by this Agreement and is responsible to ensure compliance with this Agreement by all the persons it authorises to use the Objective Connect Service.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3EObjective invites prospective Customers to subscribe to the Objective Connect Service through the online sign on process. Clicking “Accept” and completing the registration process is an offer to Objective to acquire the Objective Connect Service on the terms of this Agreement and Objective’s processing of that registration is Objective’s acceptance of that offer.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3ECompleting the registration process enables an individual person to become a registered User of the Objective Connect Service, whether on their own behalf or as authorised by a Single Legal Entity Customer. All Users are bound to comply with the terms and conditions of this Agreement in so far as they relate to the User’s access to and use of the Objective Connect Service. In particular Users are obliged to comply at all times with Objective’s Acceptable Use Policy at clause 6.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3EPLEASE NOTE THAT CLICKING THE “ACCEPT” BUTTON BELOW MEANS OBJECTIVE’S TERMS AND CONDITIONS FOR THE OBJECTIVE CONNECT SERVICE HAVE BEEN REVIEWED AND AGREED AND THE PERSON CLICKING “ACCEPT” IS REPRESENTING TO OBJECTIVE THAT OBJECTIVE CAN RELY ON THAT ACKNOWLEDGEMENT TO PROCEED TO PROCESS THIS AGREEMENT.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3EIF FOR ANY REASON THESE TERMS AND CONDITIONS ARE NOT ACCEPTED PLEASE DO NOT CLICK “ACCEPT”. IF THE “ACCEPT” BUTTON HAS BEEN CLICKED IN ERROR PLEASE CONTACT OBJECTIVE IMMEDIATELY AND BEFORE ANY USE IS MADE OF THE OBJECTIVE CONNECT SERVICE SO WE CAN CANCEL THE ERRONEOUS ACCESS. WE CAN BE CONTACTED ON %3C/span%3E%3Cspan%3E%3Ca href="http://www.objective.com/about/contact"%3Ewww.objective.com/about/contact%3C/a%3E%3C/span%3E%3C/p%3E
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%3Cp%3E%3Cstrong%3E%3Cspan%3EIN CONSIDERATION%3C/span%3E%3C/strong%3E%3Cspan%3E of the covenants in this Agreement Objective and the Customer agree as below.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cstrong%3E%3Cspan%3E1. DEFINITIONS & INTERPRETATION%3C/span%3E%3C/strong%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.1 %3Cem%3E“Agreement”%3C/em%3E means these Terms of Service, as amended from time to time including terms included by reference. To be clear, the Order Form and Privacy Policy are included by reference.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.2 %3Cem%3E“Acceptable Use Policy”%3C/em%3E means clause 6 of this Agreement.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.3 %3Cem%3E“Business Day”%3C/em%3E means 8.30 a.m to 5.30 p.m Monday to Friday and excludes weekends and gazetted public holidays in New South Wales.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.4 %3Cem%3E“Confidential Information”%3C/em%3E means all non-trivial information concerning a Party’s business or purpose, including information marked or otherwise designated as confidential, that the discloser treats as confidential or which the recipient knows or ought reasonably to know is confidential, and includes any trade secret, and to be clear it includes the Connect software and the Objective Connect Link software. It does not include any information which is in the public domain other than as a consequence of breaching an obligation of confidence under this Agreement.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.5 %3Cem%3E“Connection”%3C/em%3E means a measure of usage of the Objective Connect Service, determined by multiplying each single Document uploaded to the Objective Connect Service by the number of Participants to the Workspace (including the Workspace Owner), , whether uploaded via Connect Link or directly. By way of example, 25 Documents x 8 Participants = 200 Connections. To be clear, Customer subscribes to a Connection Allocation band and may subscribe to a higher Connection Allocation band for additional Fees.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.6 %3Cem%3E"Connection Allocation"%3C/em%3E means the cap on the number of Connections allocated to Customer’s subscription.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.7 %3Cem%3E“Customer”%3C/em%3E means, as the case may be:%3C/span%3E%3C/p%3E
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%3Cli%3E%3Cspan%3E1.7.1 the individual person subscribing to the Objective Connect Service on their own account and agreeing to be bound by these Terms of Service or%3C/span%3E%3C/li%3E
%3Cli%3E%3Cspan%3E1.7.2 the Single Legal Entity, whether a private sector or government entity, subscribing to the Objective Connect Service for itself to be used by persons working for or contracted to that entity, and who agrees to be bound by these Terms of Service and to ensure those persons also comply.%3C/span%3E%3C/li%3E
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%3Cp%3E%3Cspan%3E1.8 %3Cem%3E“Customer Data”%3C/em%3E means all data and information, including but not limited to personal identification information, of Users and Documents and Folders, and includes all data and information supplied by Participants to each Workspace established by Customer.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.9 %3Cem%3E"Customer's ECM"%3C/em%3E means the Customer's electronic content management system into which Objective Connect Link may be integrated, as further defined at %3C/span%3E%3Cspan%3E%3Ca href="http://www.objectiveconnect.com/"%3Ewww.objectiveconnect.com%3C/a%3E%3C/span%3E%3Cspan%3E .%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.10 %3Cem%3E“Document”%3C/em%3E means any single unstructured information asset that is uploaded to a Workspace such as a document, diagram, spreadsheet, image, presentation and/or drawing. The foregoing list is not exhaustive.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.11 %3Cem%3E“Edition”%3C/em%3E means one of categories of the Objective Connect Service available to Customers as further defined at %3C/span%3E%3Cspan%3E%3Ca href="http://www.objectiveconnect.com/"%3Ewww.objectiveconnect.com%3C/a%3E%3C/span%3E%3Cspan%3E and may include:%3C/span%3E%3C/p%3E
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%3Cli%3E%3Cspan%3E1.11.1 Connect Free Trial;%3C/span%3E%3C/li%3E
%3Cli%3E%3Cspan%3E1.11.2 Connect Edition;%3C/span%3E%3C/li%3E
%3Cli%3E%3Cspan%3E1.11.3 Connect Enterprise Edition,%3C/span%3E%3C/li%3E
%3Cli%3E%3Cspan%3E1.11.4 Other as made available from time to time by Objective.%3C/span%3E%3C/li%3E
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%3Cp%3E%3Cspan%3E1.12 %3Cem%3E“Fees”%3C/em%3E means the prices to be paid by Customer for Objective’s supply of the Objective Connect Service as set out in the Order Form.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.13 %3Cem%3E“Folder”%3C/em%3E means a folder or file in the Customer’s ECM which contains Documents, and which is made the subject of a Workspace by the User.%3C/span%3E%3C/p%3E
%3Cp%3E%3Cspan%3E1.14 %3Cem%3E“Force Majeure”%3C/em%3E means a situation, circumstance or cause, the effect of which, directly or indirectly, is that Objective is not reasonably able to meet its obligations under this Agreement and may include but is not limited to communications network interruption or outage or storage tape or disc failure, or acts of God, fire, lightning, flood, explosion, earthquake, storm, cyclone, natural disaster; radioactive, toxic or dangerous chemical contamination; riots, terrorism, civil commotion, malicious damage, sabotage, act of a public enemy, war (declared or undeclared) or revolution; action or inaction by a court, government or authority, denial, refusal or failure to grant any permit, authorisation, licence, approval or acknowledgement despite timely best endeavours exercised by Objective to obtain the grant; labour trouble (but not labour trouble of the workforce of the Objective) including strikes, lockouts, industrial or labour %3C/span%3E%3C/p%3E