Website Terms & Conditions of Use

About the Website

Welcome to nolag.app (the 'Website'). The Website allows you to access and use the NoLag real-time communication (the 'Services').

The Website is operated by NoLag Systems Pty Ltd, ACN/ABN 660 605 274. Access to and use of the Website, or any of its associated Products or Services, is provided by NoLag Systems Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

NoLag Systems Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When NoLag Systems Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

About the Service

NoLag real-time communication is a seamless plug-and-play solution that enables real-time communication between devices on any computer system.

NoLag Pay-As-You-Go accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

Some accounts may be governed by a separate Software Licensing Agreement with NoLag Systems Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

Acceptable Use of the Service

NoLag real-time communication, its related features, and website must only be used lawfully. NoLag Systems Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

To engage in any act that would disrupt the access, availability, and security of NoLag real-time communication and other NoLag Systems Pty Ltd services, including but not limited to:

Tampering with, reverse-engineering, or hacking our servers.
Modifying, disabling, or compromising the performance of NoLag real-time communication or other NoLag Systems Pty Ltd services.
Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by NoLag Systems Pty Ltd.
For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
To stalk, harass or threaten users and any member of the public.
To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with NoLag Systems Pty Ltd or any third party.
To access or search any part of the Service, or any other Service owned by NoLag Systems Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
To post, upload, share, or otherwise circulate content in violation of NoLag real-time communication's content policy.

Security and Data Privacy

NoLag Systems Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to NoLag Systems Pty Ltd's Privacy Policy, which is available on the Website. The Privacy Policy also addresses NoLag Systems Pty Ltd's processes, policies, and obligations in respect of NoLag real-time communication security breaches.

Data Use

NoLag Systems Pty Ltd collects, stores, and processes your data on NoLag real-time communication. The data is used to provide Services to you, as well as to facilitate NoLag Systems Pty Ltd's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by NoLag Systems Pty Ltd. The Privacy Policy also addresses NoLag Systems Pty Ltd's processes, policies, and obligations in respect of data encryption and removal requests.

Data Loss Disclaimer

The Services facilitate real time message delivery and are not designed or intended as a persistent data storage solution. NoLag Systems Pty Ltd does not guarantee the retention, delivery, or recoverability of any messages, data, or content transmitted through the Services. Messages may be lost, delayed, duplicated, or delivered out of order due to network conditions, system failures, service interruptions, or other factors beyond the control of NoLag Systems Pty Ltd.

You acknowledge and agree that NoLag Systems Pty Ltd shall not be liable for any loss, corruption, or non delivery of messages, data, or content transmitted through the Services, regardless of the cause. You are solely responsible for implementing your own backup, redundancy, and data recovery mechanisms for any data or content that is critical to your operations.

Where message replay or retention features are offered, these are provided on a best effort basis and do not constitute a guarantee of data preservation. NoLag Systems Pty Ltd may purge stored messages at any time upon expiry of the applicable retention period, or in the event of system maintenance, migration, or failure.

Using the Service

In order to access the Services, you must first register an account through the Website and you will be considered a user ('User').

After you have signed up, and to make full use of the service you will be required to register for a Billing account attached to a Project.

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to First Name, Last Name, Email address and password.

You warrant that any information you give to NoLag Systems Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ('User'). As a Member you will be granted immediate access to the Services from the time you have completed the registration process.

You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with NoLag Systems Pty Ltd; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Payments

Subject to the terms of any applicable Software License Agreement, the Service usage Fee may be paid by all payment methods available on the Website, and may change from time to time.

Payments made in the course of your use of NoLag real-time communication may be made using third-party applications and services not owned, operated, or otherwise controlled by NoLag Systems Pty Ltd. You acknowledge and agree that NoLag Systems Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for NoLag real-time communication services.

You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

You agree and acknowledge that NoLag Systems Pty Ltd can vary the Pay-as-you-go Fee at any time and that the varied Service Fee will come into effect following the conclusion of the existing Service.

Refund Policy

NoLag Systems Pty Ltd will only provide you with a refund of the Service Fee in the event they are unable to continue to provide the Services or if the manager of NoLag Systems Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the service usage Fee that remains unused by the User (the 'Refund').

Copyright and Intellectual Property

The Website, the Services and all of the related products of NoLag Systems Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by NoLag Systems Pty Ltd or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by NoLag Systems Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use.

NoLag Systems Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by NoLag Systems Pty Ltd.

NoLag Systems Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of NoLag Systems Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
NoLag Systems Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of NoLag Systems Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of NoLag Systems Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of NoLag Systems Pty Ltd; and
the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

NoLag Systems Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that NoLag Systems Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Force Majeure

NoLag Systems Pty Ltd will not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from any cause beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, epidemic, war, terrorism, labour disputes, government actions, power failures, internet or telecommunications failures, cyberattacks, denial of service attacks, failures of third party hosting or cloud infrastructure providers, or any other event outside the reasonable control of NoLag Systems Pty Ltd.

During any such event, NoLag Systems Pty Ltd's obligations under these Terms shall be suspended for the duration of the force majeure event. NoLag Systems Pty Ltd shall use reasonable endeavours to mitigate the effects of the force majeure event and resume performance of its obligations as soon as reasonably practicable. For the avoidance of doubt, no refund, credit, or compensation of any kind shall be owed to you in respect of any service disruption caused by a force majeure event.

Termination of Contract

The Terms will continue to apply until terminated by either you or by NoLag Systems Pty Ltd as set out below.

If you want to terminate the Terms, you may do so by:

not renewing the Subscription prior to the end of the Subscription Period;
providing NoLag Systems Pty Ltd with 30 days' notice of your intention to terminate; and
closing your accounts for all of the services which you use, where NoLag Systems Pty Ltd has made this option available to you.

Any notices pursuant to the above should be sent, in writing, to NoLag Systems Pty Ltd via the 'Contact Us' link on our homepage.

NoLag Systems Pty Ltd may at any time, terminate the Terms with you if:

you do not renew the Subscription at the end of the Subscription Period;
you have breached any provision of the Terms or intend to breach any provision;
NoLag Systems Pty Ltd is required to do so by law;
the provision of the Services to you by NoLag Systems Pty Ltd is, in the opinion of NoLag Systems Pty Ltd, no longer commercially viable.

Subject to local applicable laws, NoLag Systems Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts NoLag Systems Pty Ltd's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify NoLag Systems Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed by the mediation body;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Melbourne, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

Binding Arbitration

If the Dispute is not resolved through mediation in accordance with the clauses above, the Dispute shall be referred to and finally resolved by binding arbitration administered in Melbourne, Australia in accordance with the applicable rules of the Australian Centre for International Commercial Arbitration (ACICA) or such other arbitration body as the Parties may agree. The arbitration shall be conducted by a single arbitrator appointed by agreement of the Parties, or failing agreement within 14 days, appointed by the arbitration body.

The decision of the arbitrator shall be final and binding on both Parties and may be entered as a judgment in any court of competent jurisdiction. The Parties agree that the arbitrator shall have the authority to award costs, including reasonable legal fees, to the prevailing party. Each Party shall bear its own costs in connection with the arbitration unless the arbitrator determines otherwise.

By agreeing to these Terms, you waive any right to commence or participate in any class action, collective action, or representative proceeding against NoLag Systems Pty Ltd. All disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Venue and Jurisdiction

The Services offered by NoLag Systems Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.

Governing Law

The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.