The Company provides the Calibre online application that provides powerful analytics and insights enabling improved user experiences on web-based applications. Use of Calibre is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
ABN means Australian Business Number.
ACN means Australian Company Number.
Agreement means the agreement formed between the Users and the Company under, and on the terms of, this Terms of Service.
Alert means a notification sent to a User by Calibre.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
Calibre means the Calibre online application accessible from www.calibreapp.com.
Company means Calibre Analytics P/L ABN 67 617 601 582.
Confidential Information means any written or verbal information that:
but does not include information that a party can establish:
Corporations Act means the Corporations Act 2001 (Cth).
Customer means a registered user of Calibre, that uses the features associated with a Customer account.
Dashboard means the main interface for viewing the key information associated with the User’s account, and to perform common tasks within Calibre.
Fee means a fee charged by the Company for use of Calibre.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Privacy Act means the Privacy Act 1988 (Cth).
Script means the scripting code supplied by the Company to the Customer that enables real-time tracking of Webpage users via Calibre, when installed on the Webpage.
Subscription Fee means a Fee charged by the Company for use of Calibre on a periodical basis.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act_ 1999 (Cth).
Team Member means a user authorised to use such features of Calibre licensed to the Customer, as the Customer may allow.
Terms of Service means the terms and conditions of using Calibre, as updated from time-to-time, which can be found at https://calibreapp.com/terms.
TPS means an online third-party service provider with whom a User holds an account.
User means any registered Customer or Team Member that uses Calibre.
User Content means images, information, documents or other data that is uploaded or input into Calibre by the User or that forms part of the User’s Intellectual Property.
Webpage means a URL domain operated by the Customer.
All Fees are quoted in US dollars, however transactions may be processed in an equivalent foreign currency (such as Australian dollars or British pounds).
For Customers in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments.
No refunds of Fees are offered other than as required by law.
Where a User connects and or registers their account using a TPS, the User authorises the Company to use data from that TPS to create the User’s profile within Calibre.