Effective: December 1, 2020
1. What is Fillr?
Pop Tech Pty Ltd (ABN 82 164 555 748) (“us”, “we”, “our” or “Pop Tech”), part of the Rakuten Group, which includes the affiliates and subsidiaries of our parent company, Rakuten, Inc., based in Tokyo, Japan, has developed certain web and mobile form-filling technology and services (together, “Fillr Products”) to integrate into the mobile applications or desktop web browser applications of our business clients (“Clients”).
2. Applicability of these Terms and Conditions/Changes to the Site and Terms
THESE TERMS AND CONDITIONS (“Terms”) APPLY TO YOUR USE OF THIS WEBSITE LOCATED AT WWW.FILLR.COM (“Site”). These Terms apply to any Site visitor, such as when you access or use this Site to learn more about the Fillr Products or otherwise communicate with us. The Terms of Use of our Clients will govern their provision of their applications to you, including to the extent our Fillr Products are integrated therein.
Pop Tech may make changes to the Site available at its sole discretion. In addition, we may amend, replace, add to, or delete any portions of these terms and conditions at any time (any such changes, collectively, "Amendments"). We will notify you of any Amendments to the Terms by posting information on our website at https://www.fillr.com/terms. By continuing to use the Site thereafter you agree to any and all Amendments in respect of such use.
3. License and representations
By visiting the Site, you hereby acknowledge that you:
(a) are legally bound by the Terms;
(b) are of legal age in your jurisdiction and that you are at least 18 years old; and
(c) you are not prohibited from receiving products of Australian origin, including services or software.
Subject to your full compliance at all times with the terms and conditions set forth in these Terms and our Privacy Policy (available at https://fillr.com/privacy) you are hereby granted a limited, commercial, non-exclusive, non-transferable, non-sublicenseable, worldwide license to access and use the Site in accordance with these Terms.
Pop Tech shall be entitled to prevent your access to, and use of, the Site in the event that you fail to comply with the provisions of these Terms or the Privacy Policy.
4. Restriction on License
The following exclusions and restrictions shall apply at all times to your use of the Site:
(a) you may not, and may not permit or assist any third party to: reverse-assemble, reverse-compile, decompile, disassemble or hack or otherwise reverse-engineer the Site or any portion thereof;
(b) you may not, directly or indirectly, grant access to the Site to any other person or entity;
(c) you may not make any use of the Site in whole or in part that is not expressly permitted by the terms of these Terms;
(d) you may not sell, assign, rent, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to the Site or any part thereof, including, without limitation any trademarks or logos;
(e) you may not undertake, cause, permit or authorize any modification of the Site or the creation of derivative works;
(f) you may not modify or create any derivative works of the Site or any documentation, including the translation or localization of the Site or any part thereof;
(g) you may not create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Site;
(h) you may not use any part of the Site in any manner that will or could damage, disable, overburden or impair the Site or that will or could interfere with any other party’s use and enjoyment of the Site;
(i) you may not copy, nor attempt to copy, the Site or any part of the Site;
(j) you may not attempt to gain unauthorized access to any service, account, computer systems or computer networks associated with the Site; and
(k) you agree to comply with all applicable international and national laws.
Any information derived from any of these foregoing-described activities constitutes confidential information of Pop Tech, and Pop Tech shall retain all rights therein.
5. Your other obligations in relation to using the Site
You agree that you will not:
(a) use the Site for any purpose other than the purposes we specify from time to time.
(b) without limiting the generality of this section, use the Site to transmit any computer viruses, worms, trojan horses or other malware, or to trespass or burden network capacity;
(c) act fraudulently or maliciously in relation to the Site or any related software;
(d) copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into the Site or any related software;
(e) use the Site to engage in fraud or misleading or deceptive conduct. For example, you will not use the Site to provide anyone with false or misleading information about you or any other person;
(f) apply or register, or attempt to register, any intellectual property rights in, or associated with, Pop Tech or any Pop Tech product in any form or format, or jurisdiction, whatsoever; or
(g) use any automatic, electronic or manual process to harvest information from the Site (including without limitation robots, spiders or scripts).
6. Privacy
Your use of the Site is subject to our privacy policy which can be viewed at https://www.fillr.com/privacy. The terms of our privacy policy (as amended from time to time) are incorporated by reference into these terms.
7. Unauthorized use of intellectual property
(a) Notwithstanding anything to the contrary in these Terms, all rights, title, and interest in the Site (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into the Site) and all copies thereof, and to any and all confidential information (as defined above), and to any and all Feedback (as defined below) remains with Pop Tech. The Site is copyrighted and protected by the laws of Australia, the United States, and many other countries, and by international treaty provisions. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Fillr Product. Except as otherwise expressly agreed in writing by you and Pop Tech, Pop Tech grants no express or implied right under Pop Tech’s patents, copyrights, trademarks, or other intellectual property rights.
(b) You acknowledge that any unauthorized reproduction by you of any proprietary information or other intellectual property in, or provided or available via, the Site or any portion of it may result in legal action being taken against you.
8. Feedback
Feedback and other information which is provided by you to Pop Tech in connection with the Pop Tech products or these Terms shall be the property of Pop Tech which shall be entitled to use (or not use) the Feedback as it deems fit in its sole discretion, including to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any of Pop Tech’s products, technologies, services, specifications or other documentation.
9. Term, Suspension
Pop Tech may suspend or terminate your use of the Site at any time for any or no reason. We are not liable for any direct or indirect loss suffered by you, as a result of a reduced level of service or the suspension or termination of your access to the Site.
10. Disclaimer of Warranties; Limitation of Liabilities; Indemnity
THE SITE (AND THE LICENSE PROVIDED HEREUNDER) IS PROVIDED "AS IS" WITHOUT WARRANTIES, AND POP TECH DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT AUTHORIZED BY LAW. POP TECH EXPRESSLY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. POP TECH DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITE.
IN NO EVENT SHALL POP TECH OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF POP TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW POP TECH TO BE EXEMPT FROM LIABILITY, POP TECH’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, OR USE OF THE SITE SHALL NOT EXCEED ANY AMOUNTS, IF ANY, PAID TO POP TECH BY YOU UNDER THESE TERMS DURING THE PERIOD OF THE TERM PRECEDING SUCH LOSS OR DAMAGES, AND IN ANY WAY SHALL NOT APPLY TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF POP TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE ARISING OUT OF THESE TERMS AND/OR THE ACCESS AND USE OF THE SITE SHALL BE THE TERMINATION OF THESE TERMS (AFTER WHICH YOU SHALL IMMEDIATELY CEASE TO ACCESS AND USE THE SITE).
YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS POP TECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE SITE, OR BREACH BY YOU OF ANY OF THE PROVISIONS OF THESE TERMS, THE PRIVACY POLICY, OR APPLICABLE LAWS, RULES AND REGULATIONS. POP TECH RESERVES THE RIGHT, AT YOUR SOLE EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM, ACTION OR PROCEEDING OR ANY OTHER MATTER FOR WHICH YOU ARE TO INDEMNIFY POP TECH OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, OR SERVICE PROVIDERS THAT FURNISHES THE SITE TO YOU, AND YOU AGREE TO FULLY COOPERATE WITH POP TECH AT ITS REQUEST.
11. Assignment
Pop Tech may assign these Terms freely. You may not assign, sell, convey, sublicense or otherwise transfer these Terms, or any of your rights or obligations under these Terms, to any other party, either voluntarily or involuntarily, directly or indirectly, whether by operation of law or otherwise.
12. Final Agreement
These Terms constitutes the entire agreement with respect to the subject matter hereof and terminates and supersedes all prior understandings or agreements on the subject matter hereof. These Terms may be amended or modified in accordance with the provisions of these Terms.
13. Severability
If any term of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
14. No Waiver
Any failure or delay by either party hereto in exercising any right or remedy will not constitute a waiver of such right or remedy.
15. Injunctive Relief
You agree that any breach of these Terms may cause Pop Tech substantial and irreparable direct damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, Pop Tech shall have the right to seek specific performance and other injunctive and equitable relief. Without limiting the aforesaid, Pop Tech shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by you or anyone on your behalf. You shall be directly liable for any and all reasonable attorney’s fees incurred by Pop Tech to enforce these Terms against you in the courts of competent jurisdiction.
16. Survival
Notwithstanding anything to the contrary herein, the provisions of Sections 1, 4, 5, 7, 8, 10, 12, 13, 14, 15, 16, and 18 shall survive the termination or expiration of these Terms for any reason whatsoever.
17. Choice of Law/Jurisdiction
These terms and conditions are governed by the laws of Victoria, Australia and by using the Site, you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these terms or any other matters directly or indirectly relating to these terms.
18. Contacting us
You may contact us as follows:
Pop Tech Pty Limited
Address: Level 8, 11 Spring Street, Sydney NSW 2000
E-mail: fillr-support@mail.rakuten.com