Website Terms of Use

1. Introduction

These Terms of Use (hereinafter referred to as the “Terms” or “Terms of Service”) shall govern the relationship between Paxform Pty Ltd, a NSW based proprietary limited company, having its registered office address at Level 2, 11 York Street, Sydney, NSW 2000, Australia (hereinafter referred to the “Company” or “Paxform” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users”) and shall also govern your use of www.paxform.com/ (hereinafter referred to as the “Website” or “Site”).

On the Paxform mobile app, individual users are able to save their personal information, autofill forms, share their information with others, and also e-sign the documents. On Paxform – Publisher Web App, the organizations/businesses are able to create, publish & share various forms, are also able to receive & process the submissions, and are able to send alerts and notifications to the applicants/users/customers. (“Service”)

Please read these Terms carefully, as these, along with our Privacy Policy statement and Cookie Policy forms the entire agreement between you and Paxform. If you do not accept these Terms in its entirety, then you may not use the site.

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms of Use shall be read in conjunction with our Privacy Policy statement and Cookie Policy.

In case you are a user of our Paxform mobile app, or Paxform – Publisher Web App, then your use of our mobile app, or web app (as the case may be) will be governed by the policies posted there.

2. Acceptance Of These Terms

1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
2. You are of sound mind and at least of such minimum legal age as per the jurisdiction of the State/country in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access the Website.
3. You have read, understood and consented to our Privacy Policy statement and Cookie Policy.

3. Use Of The Site

3.1. Allowed Users

1. Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All your information will be processed in accordance with our Privacy Policy statement.
2. Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, sound material, published on the Website, whether a copyright of Paxform, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

3.2. Restricted Users

1. You cannot use or access our website solely with the purpose of building a competing website/business. You are strictly prohibited from copying or using any content (including our services, description of services, trademarks etc.) without our prior written consent.
2. You can’t impersonate others, create duplicate accounts, or provide inaccurate information. 
3. You cannot use our Site or purchase our services for the purpose of resale;
4. You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the services, or any portion thereof, for any commercial purpose.
5. You must not:

• • republish material from this Website;
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public without our consent;
  • edit or otherwise modify any material on the Website;
  • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
  • We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.

6. You must not use our 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.
7. You must not use our 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.
8. 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 our website, without our express written consent.

4. Ownership Rights

This Website, our mobile app, our web app, its logos, its content, trademarks, trade dress, trade name, and description of services, shall remain the sole property of the Paxform. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, any content published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website, are the exclusive property of, or are licensed to the Paxform and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the Paxform.

5. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

6. Links to Third-Party Sites

The Website might contain links to third-party websites, products and services. For example, the Website works has links to its social media handles present on the website. Such third-party links are not under the control of Paxform, and Paxform is not responsible for any third-party links. Whenever you click on such links, you are taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Paxform shall not be responsible.

7. Disclaimer

The website, and all its services are provided on an “as-is” and “as available” basis, and Paxform (and our licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, desirability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site or its services will meet your requirements, will be of a quality that you expect, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. 

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of the site, even if Paxform has been advised of the possibility of such damages. Access to, and use of, the Site, our mobile app, and our web app, is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

9. Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Paxform or its directors/owners, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately. 

10. Indemnity

You acknowledge to defend, indemnify and hold Paxform, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from your violation of ours or any third-party right.

11. Governing Law and Dispute Resolution

11.1. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the Commonwealth of Australia.

11.2. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts located in Sydney, Australia.

12. Notices

When you use the Website or send emails to Paxform, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Paxform will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement. We may give notice by means of a general notice via electronic mail to your email address, as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@paxform.com.

13. Miscellaneous

1. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
2. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms. 
3. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
4. Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Paxform and you or any other party be deemed to modify any provision of these Terms.
5. Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.
6. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
7. No Assignment: You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Paxform, which may be withheld at Paxform’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. 
8. Entire Agreement: The Terms, our Privacy Policy as well as our Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Paxform and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
9. Force Majeure: Paxform and its third party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
10. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

14. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Privacy Policy or Cookie Policy, or with any content or service of Paxform, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:

• Title: The Legal Representative
• Email: legal@paxform.com
• Address: Level 2, 11 York Street, Sydney, NSW 2000, Australia

15. Feedback and Information

We welcome your comments regarding this Terms of Use. Please write to us at legal@paxform.com.

Last updated 2023-01-09 [Version 1.0]