Lantis Terms of Service
- Ownership and formation of agreement
To make these terms of service easier to read, Silant has used terms that have specific definitions. These terms appear in these terms of service with a capital letter as their first letter and when they are used they have the meaning set out at section 9 of these terms of service or as otherwise defined in these terms of service.
The Site is owned and operated by Silant.
- Establishment of agreement
- These terms of service (together with any additional terms, conditions, notices, policies and disclaimers published on the Site by Silant from time to time) govern your access and use of the Site.
- Please read these terms of service carefully, because by accessing and using the Site:
- you are confirming that you have not only read these terms of service but that you agree to be bound by them; and
- you agree that a legally binding agreement is formed between you and Silant.
- In the event that you do not agree to these terms of service or anything contained within them, you will not be authorised by Silant to access and use the Site.
- Should you not agree with the terms of service at any time or as they change over time, you should immediately cease accessing and using the Site.
You warrant that:
- you are over the age of eighteen (18) years old;
- that you possess the legal authority, right and ability to enter into these terms of service and to access and use the Site in accordance with these terms of service;
- your access and use of the Site creates legally binding obligations for any liability you may incur relating to the Site; and
- the information you supply to the Site will be accurate and not false, misleading, deceptive or likely to mislead or deceive.
- As part of your access and use of the Site, you will be required and agree to provide Silant with your personal information.
- Conditions relating to your access and use of the Site
- You must access and use the Site according to these terms of service as well any additional terms, conditions, notices, policies and disclaimers published on the Site by Silant from time to time.
- In accessing and using the Site:
- you acknowledge, warrant and agree that you must not:
- collect or use another person’s personal information without permission or in any other impermissible or unauthorised manner;
- make or publish any fraudulent, speculative, false, misrepresentative or misleading statements or information;
- tamper with, interfere with, hinder the operation of or make unauthorised modifications to the Site, including, but not limited to, sending, storing or transmitting viruses or other harmful code through or onto the Site and gaining or attempting to gain unauthorised access to the Site or Silant’s systems;
- commit any act that may breach any laws;
- undertake, instigate or encourage acts that are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or offensive;
- violate, misappropriate or infringe the rights of Silant or any third party, including with respect to privacy, Intellectual Property Rights or other proprietary rights; and
- knowingly permit another person to do any of the above acts; and
- you acknowledge, warrant and agree:
- that you must access and use the Site only for legal, authorised and acceptable purposes and that you must comply and uphold all relevant and applicable laws to your access and use of the Site;
- that you must at all times provide correct, accurate, true and up to date information to the best of the your knowledge;
- that you must meet, and continue to meet, all eligibility requirements applicable under these terms of service and immediately notify Silant should you no longer meet any eligibility requirements;
- to provide certain devices, software, and data connections to allow you to access and use the Site;
- to downloading and installing updates to the Site, including automatically; and
- that you have the necessary rights and authorisations to the information, content and data that you submit to the Site.
- Subscription and Site Fee
- Subscription and payment of Site Fee
- The Site sets out the descriptions and price of the subscriptions available with respect to your access and use of the Site.
- You acknowledge and agree that you must pay Silant a monthly fee in connection with your use of the Site (Site Fee) by one (1) of the payment methods prescribed by Silant from time to time by either:
- paying the Site Fee in advance on a monthly basis; or
- some other recurring interval disclosed to you by Silant at the time of establishing an account on the Site,
- Subscription and payment of Site Fee
- you acknowledge, warrant and agree that you must not:
(the Billing Period).
- You authorise Silant to charge your chosen payment method for the Site Fee on a regular monthly basis (or other agreed interval) at the commencement of each Billing Period. Any failure by Silant to effect payment will be a breach of these terms of service by you and Silant reserves its rights under clause 2 in that respect.
- Change to Site Fee
- Silant may change the Site Fee for your subscription from time to time and will communicate that change to you in advance by providing you with no less than fourteen (14) days written notice (Notice).
- If you do not agree to the change to the Site Fee, you have the right to reject that change by terminating your account prior to the commencement of the next Billing Period.
- Changes to the Site Fee will take effect at the commencement of the next Billing Period following the Notice and your continued access to and use of the Site at the commencement of that Billing Period will be deemed to constitute your acceptance of the change to the Site Fee.
- Change in Subscription
- You may upgrade or downgrade your subscription to the Site at any time and such upgrade or downgrade will take effect immediately upon your request.
- If you downgrade your subscription to the Site:
- you will be credited the difference in the Site Fee on a pro-rata basis; and
- you will be given five (5) days to either delete or download your information, content and data in order to free storage space to comply with the storage limit of your new subscription, otherwise Silant reserves the right to permanently delete your information, content and data that exceeds any storage limit of your new subscription.
- If you upgrade your subscription to the Site, you must pay the difference in the Site Fee on a pro-rata basis.
- Non-refundable Site Fee
You agree that the Site Fee is non-refundable (unless otherwise required by law) and that you must not claim a refund or chargeback from any credit card provider, bank or payment gateway in connection with the Site Fee.
- Other fees and charges
You acknowledge and agree that you are responsible for any third party service fees, charges and taxes associated with your access and use of the Site.
- Creation of use of account
- You must set up an account in connection with the Site, which may be subject to the review, verification and approval of Silant at its absolute discretion.
- You must only have one (1) account and not set up an account for or on behalf of any other person.
- You warrant that:
- you are the true owner of the account;
- the account reflects your true identity and is not in any way false, misleading or deceptive;
- the information contained within your account and on the Site is true, accurate and up-to-date;
- you are the only person who will use the account and the Site;
- you will not transfer the account to any other person without Silant’s prior written consent; and
- you are wholly responsible for your account and anything it comprises, including all passwords and information, data and content submitted, imported and exported using the Site.
- To access and use your account and the Site, you agree to grant Silant access to:
- your contacts of which you are the owner and are authorised to provide to Silant; and
- your devices’ camera, microphone and data connections.
- Suspension or termination of your account
- Your right to access and use your account and the Site is subject to you complying with these terms of service.
- suspend your right to access and use your account and the Site until it is satisfied that you will comply with these terms of service in full;
- modify and alter your account; or
- terminate your right to use your account and the Site.
- If your account is terminated by Silant, you must not create another account on the Site without Silant’s prior consent.
- If you no longer wish to retain your account, you may unsubscribe from the Site by following the guidelines provided by Silant on the Site.
- Upon termination of your account, you will have five (5) days to delete or download your information, content and data from the Site, after which Silant reserves the right to permanently delete any information, content and data contained on the Site.
- Your details
- It is your responsibility to enter and provide all of your information and content correctly when creating your account on the Site. You warrant to Silant that all information and content provided by you is true and correct to the best of your knowledge.
- It is your responsibility to ensure that your user name and passwords for the Site are kept confidential at all times.
- Silant will not be liable to you in any way for any loss or damage caused to you as a result of:
- your supplied account information being incorrect; or
- the loss or misuse of your user name and passwords for the Site.
- Security and unauthorised use
- You are responsible for keeping your account and the information, content and data you submit, import and export using the Site safe and secure at all times.
- You must notify Silant immediately of any unauthorised use or security breach of your account or the Site.
- Silant will not be liable to you in any way for any loss or damage caused to you as a result of any unauthorised use or security breach of:
- your account; or
- the information, content and data you submit, import and export using the Site.
- You agree to receive communication and alerts from Silant regarding your account.
- You can contact Silant for support related queries in accordance with the guidelines and directions provided on the Site.
- Silant will use reasonable endeavours to respond to your query within a reasonable time but makes no promises that any query will be responded to within any particular time frame and/or that Silant will be able to answer or assist with any such queries.
- Information and content on the Site
- The Site displays a wide variety of information and content. Although Silant uses its best endeavours to ensure that the information and content on the Site is correct, there may be times where errors or omissions occur.
- No warranty (of any nature) is provided by Silant with respect to any information or content contained within, or in connection with, the Site. The information and content provided on the Site is of a general nature only.
- Silant reserves the right at its sole discretion and without notice to you to correct any errors or omissions in any portion of the Site without any Claim being made against Silant.
- You acknowledge that any reliance upon any advice, opinion, statement, advertisement, or other information or content displayed or distributed through the Site is at your sole risk and Silant is not responsible or liable for any loss or damage that results from the use of and reliance upon the information or content on the Site.
- Although Silant takes reasonable steps to ensure the security and integrity of the Site, you agree that Silant will not be liable for any loss or damage you suffer by:
- your access to and use of the Site (including any linked third party services on the Site);
- any breakdown or interruption to the Site;
- any delay or imperfection in the functioning of the Site;
- the Site being hacked;
- the Site being affected by any form of malicious virus or otherwise not being secure or safe; or
- the data you receive from Silant not being secure, virus-free or free of harmful code.
- Silant reserves the right to remove any contribution made by you to the Site at its absolute discretion if it does not comply with these terms of service or is otherwise deemed by Silant to be unfit for the purpose of the Site.
- Silant does not control, and is not responsible for controlling, the actions, information, content and data of other uses and third parties who access and use the Site.
- Intellectual Property
- Silant’s Intellectual Property
- Silant will at all times retain ownership of all Intellectual Property used in respect of the Site and in connection with Silant’s services generally.
- The contents of the Site (including all photographs, images, videos, text, illustrations, software, code, audio, video and other items) is Silant’s Intellectual Property and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law.
- Except for the purpose of viewing, accessing and using the Site, you must not copy, use, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without Silant’s prior written consent.
- It is an essential term of these terms of service that you must not (or assist others to):
- exploit the Site or Silant’s Intellectual Property in impermissible or unauthorised manners, or in ways that burden, impair, or harm the Site and/or Silant;
- launch or attempt to launch a site or arrangement that is the same or similar to the Site or which uses Silant’s Intellectual Property;
- do anything that:
- is inconsistent with Silant’s interest in Silant’s Intellectual Property;
- infringes upon Silant’s rights to use and exploit Silant’s Intellectual Property; or
- which leads to the value of Silant’s Intellectual Property being diminished or otherwise adversely affected.
- Prohibited actions under paragraph (4) include (but are not limited to):
- reverse engineering, altering, modifying, creating derivative works from, decompiling, or extracting code from the Site;
- creating accounts for the Site through unauthorised or automated means;
- selling, reselling, licensing, renting, or charging for the Site; or
- distributing or making the Site available to others.
- If you know, or believe that Silant’s Intellectual Property rights has been infringed by a third party, you must immediately contact Silant.
- Your Intellectual Property
- Silant does not claim ownership of the information, content and data that you submit, import and export using the Site.
- In order to operate and provide the Site to you, you grant Silant a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, create derivative works of and display the information, content and data that you upload, submit, import, export, store, send, or receive on or through the Site.
- Limitation of liability and indemnity
- Subject to the law
- Silant’s Intellectual Property
- Creation of use of account
Any matters set out in this clause 7 are subject at all times to the law and while the limitations contained in this clause apply to the fullest extent possible, they do not apply if the law prevents them from doing so.
- Risk and indemnification
- You are wholly responsible for your access and use of the Site and do so at your own risk.
- You acknowledge that Silant is in no way responsible for, and accepts no liability in relation to, your access and use of the Site.
- With respect to your access and use of the Site, you agree that you are liable for and indemnify Silant in respect of any:
- damage, loss, cost or expense (whether direct or indirect);
- breach of any law and any rights of a third party;
- breach or alleged breach of any of your representations, warranties or obligations contained in these terms of service; and
- any other Claim brought against Silant,
of any kind or nature that Silant may suffer or incur relating to, arising out of or in connection with your acts or omissions in your access and/or use of the Site.
- To the full extent permitted by law, you agree to release and discharge Silant and its directors, affiliates, employees, contractors, agents and related bodies corporate from all liability and Claims (of any kind) relating to, arising out of or in connection with your access and/or use of the Site.
- Limited liability
- To the extent permitted by law, Silant provides the Site without any express or implied warranties.
- However, to the full extent permitted by law, Silant’s liability to you for a breach of any non-excludable warranty, condition or guarantee (implied or otherwise) is limited to the lesser of:
- $500.00; or
- the equivalent of the Site Fee paid by you in the twelve (12) months preceding the relevant Claim.
- No liability for consequential losses
To the full extent permitted by law, Silant will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by Silant) in connection with your access and/or use of the Site.
- General provisions
- Third party services
- Silant makes no representations about, and assumes no responsibility for, any website, application, products, services, information or content (Third Party Services) that you access, use or interact with through the Site.
- The fact that the Site may allow you to access, use or interact with Third Party Services does not constitute any endorsement by Silant of the Third Party Services.
- You agree that Silant will not be liable to you for any loss or damage you suffer by accessing, using or interacting with any Third Party Service that is not maintained and controlled by Silant.
- Third party services
It is sometimes important for Silant to perform maintenance to the Site. This may mean that your access and use of the Site is interrupted or disrupted from time to time in order to conduct maintenance, repairs, upgrades or to attend to failures and Silant is in no way liable to you in this regard.
- Amendment to terms
It may become necessary for Silant to change the terms of these terms of service from time to time. If so, Silant will publish notices of changes on the Site and will date those changes. Your continued access and use of the Site after the date the notice of changes are published on the Site will be deemed to constitute your acceptance of those changes.
- These terms of service constitute the entire agreement between you and Silant with respect to the Site and supersedes all prior agreements between you and Silant.
- Failure on Silant’s part to enforce any provision of these terms of service is not to be construed as a waiver of any provision or right.
- These terms of service are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of its courts.
- If any provision of these terms of service is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
- The termination of these terms of service will not affect the rights of Silant against you in respect of anything done or omitted under these terms of service prior to that termination.
- Silant may assign or novate its rights under these terms of service at any time without your consent.
against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
means all intellectual property rights conferred by law and including (without limitation):
(1) patents, designs, plans, photos, images, software, code, specifications or other documents and information on the Site;
(2) copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and
(3) all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
means Silant Comms Pty Ltd (ABN 88 637 530 986).
means the application known as ‘LANTIS’ which offers users a private and secure program for communication with others.
has the meaning ascribed to that term in clause 3(2).