Legal notices and acknowledgements

Disclaimer

Privacy Policy

Terms & Conditions

CoolJargon Pro End User Licence Agreement

Acknowledgements


Disclaimer

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by Cool Jargon – Language Control Pty Ltd. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Cool Jargon – Language Control Pty Ltd. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Cool Jargon – Language Control takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright Notice

This website is the copyright of Cool Jargon – Language Control Pty Ltd © 2011-2017. All rights reserved. It contains material which is owned by or licensed to us. This material may include, but is not limited to, the design, layout, look, appearance, trademarks and graphics, glossaries and wordlists.

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this Site, including files downloadable from this Site, without the permission of the copyright owner.

Privacy Policy

Cool Jargon – Language Control Pty Ltd are committed to protecting the privacy of the personal information that you submit to our website (“the Site”). We recognize that this information is confidential and we use it solely to maximize the services that we provide to you.

Definitions

“Personal Information” means information that identifies you, such as your name or email address.

“Services” means the services at the Site that you may access through the Site as a visitor or as a subscriber.

“Site” means the web pages available at https://cooljargon.com and all sub-domains thereof. Cool Jargon – Language Control Pty Ltd, a company based in the Australian Capital Territory, owns and operates the Site.

“Software” means the add-in CoolJargon Pro, which is provided to premium subscribers by download from the Site. The add-in is designed for use with Microsoft Word (2007-2016) and Microsoft Outlook (2007, 2010) and allows subscribers to check Word documents and Outlook emails against glossaries and wordlists maintained at the Site. An internet connection to the Site and its Services is required to use the Software.

“User Content” means the linguistic content (i.e. the glossaries and wordlists) that the premium subscriber uploads to and manages at the subscriber’s member account at the Site for interaction with the Software and Services.

“User Materials” includes all web pages, working documents, articles, emails and personal materials that you may proofread, edit or otherwise use with the Software and Services.

Things You Should Know
  • Our secure server encrypts all personal communications to the Site and we secure them against unauthorised use or access.
  • Your credit card details are received directly by Stripe, who process subscription payments. These details are never sent to us and are not stored on our server.
  • If you have registered with us, you can review and update your personal profile online at any time.
  • We never see the web pages, documents or emails that you check with our Services or Software. Checking of User Materials is generated client-side (i.e. locally) and they are not sent to our server.
Collection, Storage and Use of Your Information

We receive and store your name and email address when you register with us, update your personal profile or communicate with us directly by email. We may use personal information collected from you to provide you with updates regarding the Site and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or by unsubscribing at any time and your request will be actioned as soon as possible.

We may use your information in a general sense, and without any reference to your name, to create marketing statistics, to identify user demands and to help meet customer needs generally.

To support the operation and quality of the Site, our Services and our Software, we automatically collect information from your browser or device. This information may include your IP address, device ID, browser type, access times and referring website addresses.

Security of Your Personal Information

We strive to ensure the security, integrity and privacy of personal information submitted to the Site, and periodically update our security measures in the light of current technologies.

If you are a registered subscriber, it is your responsibility to keep your user name and password confidential when using our Software or Services. You are fully responsible for all activities occurring under your password or account. If you share a computer with anyone, make sure that you log out before leave. We will not and cannot be held liable for any damage or loss that arises from your failure to comply with this requirement.

You must notify us immediately of any suspected or actual loss, theft or unauthorised use of your password.

User Content (Premium Subscribers)

As a premium subscriber, you are responsible and indemnify us for all User Content that you upload to or manage at the Site.

You give us permission to host your User Content and to technically administer services such as data backup, glossary management and word inflection data management. This permission also extends to third parties we trust and work with to provide the Services.

User Materials

We never see the web pages, documents or emails that you check with our Services or Software. Checking of User Materials is generated client-side (i.e. locally) and they are not sent to our server.

As part of maintaining our Services, we track and record web addresses (URLs) retrieved by our Services or Software. These URLs may include the glossaries and linked terms that you select when implementing the Services or Software to process User Materials. However, we cannot and do not have access to any personal or other materials at any time and we cannot be held responsible for any direct or indirect loss or claims related to User Materials.

Third Parties

Cool Jargon – Language Control Pty Ltd does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services that you have purchased or to protect the rights, property or safety of Cool Jargon – Language Control Pty Ltd, its customers or third parties or if required by law.

Cookies

Cookies do not access personal information on your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.

Our Site uses a cookie to enable user login and to facilitate the login’s “remember me” function.

Disclosure of Your Personal Information

We may from time to time need to disclose your personal details to comply with a legal requirement (e.g. a law, regulation, court order, subpoena or warrant) in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your personal details to protect the rights, property or safety of Cool Jargon – Language Control Pty Ltd, its customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your personal details, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction.

Collection of Non-Personal Information

Any non-personal information, communications and material that you send to the Site or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products

Links

The Site may contain links to other websites. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites, and we encourage you to study their privacy statements.

Changes to Privacy Policy

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this Site. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at info@cooljargon.com and we will respond as soon as possible.

Terms & Conditions

If you continue to browse and use this Site you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy and website disclaimer, govern our relationship with you in relation to your use of the Site. You also signify that the laws of your country allow you to enter into a binding contract with Cool Jargon – Language Control Pty Ltd.

Definitions

“Services” means the services at the Site that you may access through the Site as a visitor or as a subscriber.

“Site” means the web pages available at cooljargon.com and all sub-domains thereof. Cool Jargon – Language Control Pty Ltd, a company based in the Australian Capital Territory, owns and operates the Site.

“Software” means the CoolJargon Pro add-in, which is provided to premium subscribers by download from the Site. The add-in is designed for use with Microsoft Word (2007-2016) and Microsoft Outlook (2007, 2010) and allows subscribers to check Word documents and Outlook emails against glossaries and wordlists maintained at the Site. An internet connection to the Site and its Services is required to use the Software.

“Subscription Fee” means the subscription fee charged to the subscriber from time to time by Cool Jargon – Language Control Pty Ltd as nominated at the Site.

“Us”, “our” and “we” refer to Cool Jargon - Language Control Pty Ltd.

“User” means a visitor to the Site or a subscriber to our Services.

“User Content” means the linguistic content (i.e. the glossaries and wordlists) that the premium subscriber uploads to and manages at the Site for interaction with the Software and Services.

“User Materials” includes all web pages, working documents, articles, emails and personal materials that you may proofread, edit or otherwise use with the Software and Services.

“You” and “your” refer to you the User.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using the Site to ensure that you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use the Site, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your rights and our rights and the mutual obligations of both parties.

Privacy

All Users are covered by our privacy policy. Please read the policy carefully. We are committed to protecting your privacy and use the information that we collect about you to maximize the Services that we provide to you.

If you register as a subscriber, you may update your details online at any time. All information that we receive from subscribers is protected by our secure server. Credit card information is not viewed by us or stored by us on our server.

Third Parties

We do not and will not sell or deal in personal User information. We may however use it in a general sense to create marketing statistics, to identify User demands, to assist in meeting User needs generally and to improve the Site and its Services.

We may be required to disclose information in good faith, and when required to do so, in any of the following circumstances:

(a) by law or by any court;

(b) to enforce the terms of any of our User agreements; or

(c) to protect the rights, property or safety of Cool Jargon – Language Control Pty Ltd, its subscribers or third parties.

Subscriptions

You must register as a subscriber to access certain areas of the Site.

Our Services are provided on a single, individual subscription basis to the subscriber. You may not assign, sub-license, rent, lease, reproduce, distribute, convey or otherwise transfer your subscription to any third party in whole or in part other than as permitted in this Agreement.

In consideration for payment of the Subscription Fee and subject to the terms and conditions of this Agreement, Cool Jargon – Language Control Pty Ltd grants the subscriber for 12 months (calculated from the date of purchase), a non-exclusive, personal, non-transferable subscription solely for the use specified below.

Your subscription allows you to check web pages and other content against glossaries/wordlists that:

(a) we make available to you; and/or

(b) you upload, under your User account, to your personal Glossary Manager at the Site.

You may not use our Services for any means other than as specified in this Agreement.

In the event of non-renewal of your subscription we have the right to immediately terminate our support and your access to our Services. We have no liability to you for any lost data, User Content or User Materials or any loss or damage, direct, indirect or consequential which you may suffer as a result

As a subscriber, you are responsible for maintaining the confidentiality of your password and your User account. You accept full responsibility for all activities occurring under your password or User account. We will not and cannot be held liable for any damage or loss that arises from your failure to comply with this requirement. You will notify us immediately of any suspected or actual loss, theft or unauthorised use of your password.

User Materials

As part of maintaining our Services, we track and record web addresses (URLs) retrieved by the language checker. These URLs may include the glossaries and linked terms that you select when implementing the language checker to process User Materials. However, we cannot and do not have access to any personal or other materials at any time and we cannot be held responsible for any direct or indirect loss or claims related to any User Materials.

We cannot be held responsible for any loss, corruption, formatting, alterations or other modifications that may occur to User Materials as a result of your using our Services. You are fully responsible for any such effects on User Materials and we recommend that you ensure that you have backed up all User Materials before you implement the language checker.

User Content (Premium Subscribers)

As a premium subscriber, you are responsible and indemnify us for all User Content that you upload to or manage at the Site. We have no obligation to review or monitor any User Content and accept no responsibility or liability for anything you upload including but not limited to breach of third-party rights. You further agree that you are prohibited from:

(a) using our Services for anything that may violate any private or confidential information, or for any illegal or unauthorised use;

(b) uploading, or using our Services in relation to, any User Content that may be protected by third-party copyright or other intellectual property rights.

You will not upload or add any User Content that includes deep links to a third-party website if that website’s terms of use specifically prohibit deep linking or linking generally to that website without that website’s consent. In cases where the website’s terms of use do not include a specific prohibition, you will contact the website’s host or webmaster to ensure that consent is granted before linking to that website. If we receive complaints and/or cease-and-desist letters for violation of terms from the linked-to site’s host or webmaster, we reserve the right at all times to remove your User Content and to suspend or terminate your personal account.

We accept no responsibility if User Content is lost, corrupted or changed and do not guarantee that it will be retrievable. You accept responsibility for saving and storing backup copies of User Content independently of the Site and its Services.

These terms do not grant us any rights to your User Content or intellectual property except for the following limited rights that are necessary to provide the Services:

(a) you give us permission to host your User Content and to technically administer services such as data backup, glossary management and word inflection data management;

(b) this permission also extends to third parties whom we trust and work with to provide the Services.

Copyright Policy

This Site contains material which is owned by or licensed to us. This material may include, but is not limited to, the design, layout, look, appearance, trademarks and graphics, glossaries and wordlists.

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this Site, including files downloadable from this Site, without the permission of the copyright owner.

No Warranties

To the fullest extent permitted by law, Cool Jargon – Language Control Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or Services will be free of errors, or that defects will be corrected, or that the Site or its server is free of viruses or any other harmful components.

Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on the Site, we do not warrant or make any representations regarding the use, or the result of the use, of any document, product, service, link or information on the Site or as to its correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Cool Jargon – Language Control Pty Ltd to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure that you are aware of any risk you may be taking by using the Site or any products or services that may be offered through it. It is your responsibility to do so.

Links to Other Websites

The Site may from time to time provide links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Limitation of Liability

It is an essential pre-condition to your use of the Site that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Site, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Site. Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through the Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the Software or Services to you again; the replacement of the Software; or the payment of the cost of having the Software or Services supplied to you again.

In order to subscribe to our Software or Services, the laws of your country must allow you to enter into a binding contract with Cool Jargon – Language Control Pty Ltd.

Refunds and Replacements

Cool Jargon – Language Control Pty Ltd processes refunds in accordance with the Australian Consumer Protection legislation.

Basic subscribers

We offer a generous online demo mode, which enables you to experience CoolJargon’s text-checking capability prior to purchase. Consequently our Basic subscription packages are non-refundable if you simply change your mind after purchase.

If, however, our Services do not perform as advertised, please notify us within 14 days of purchase with a valid request for a refund. If we are unable to resolve your complaint or further assist you, we will promptly process a refund.

Premium subscribers

We provide a full subscription refund or a replacement copy of the CoolJargon Pro add-in if the add-in does not perform as advertised. To submit your request:

(a) email us within 14 days of signing up;

(b) include with the request a description of the problem and a sample document in which the problem occurs;

(c) include your downloaded copy of the CoolJargon Pro add-in for our examination.

If, after examination, we determine that your copy of the CoolJargon Pro add-in does not perform as advertised, we will provide, at our sole discretion, either:

(a) a full refund of the subscription price; or

(b) a replacement copy of the CoolJargon Pro add-in.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Controlling Law and Jurisdiction

This agreement and this Site are subject to the laws of the Australian Capital Territory and Australia. If there is a dispute between you and Cool Jargon – Language Control Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of the Australian Capital Territory.

Entire Agreement

These terms and conditions represent the whole agreement between you and Cool Jargon – Language Control Pty Ltd concerning your use and access to the Site and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

CoolJargon Pro End User Licence Agreement

1 September 2014

PLEASE READ CAREFULLY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU PROCEED TO INSTALL THIS SOFTWARE

This is a legal agreement between you as Licensee and the Licensor of this software.

By indicating that you accept the terms in this licence agreement, you affirm that the laws of your country allow you to enter into a legal agreement with the Licensor and that you have read, understood and accept:

(a) the terms and conditions of this Agreement

(b) the terms and conditions, privacy policy and disclaimer for the website cooljargon.com.

By indicating that you accept the terms in this licence agreement, you also acknowledge that:

(a) this Agreement is the complete and exclusive agreement between the Licensor and you, as Licensee, which supersedes any proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement

(b) no amendment to this Agreement shall be effective unless it is in writing.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CLICK “CANCEL” AND QUIT THIS PROGRAM.

Definitions

“Agreement” means this premium-subscription end user licence agreement.

“Enterprise Subscriber Software Licence” means a licence that allows organisations to use the CoolJargon Pro add-in on a network.

“Licence Fee” means the subscription fee charged to the Licensee from time to time by the Licensor as nominated at the Site.

“Licensee”, “you”, “your” means the user to whom the Licensor has agreed to grant a licence to use the Software for a Licence Fee.

“Licensor” includes “we”, “us”, “our” and means Cool Jargon - Language Control Pty Ltd.

“Services” means the services at the Site that the Licensee may access through the Site.

“Site” means the web pages available at cooljargon.com and all sub-domains thereof. Cool Jargon - Language Control Pty Ltd, a company based in the Australian Capital Territory, owns and operates the Site.

“Software” means the CoolJargon Pro add-in, which is provided by the Licensor to the Licensee by download from the Site. The add-in is designed for use with Microsoft Word (2007-2016) and Microsoft Outlook (2007, 2010) and allows the Licensee to check Word documents and Outlook emails against glossaries and wordlists maintained at the Site. An internet connection to the Site and its Services is required to use the Software.

“User Content” means the linguistic content (i.e. the glossaries and wordlists) that the Licensee uploads to and manages at the Site for interaction with the Software and Services.

“User Materials” includes all working documents, articles, emails and personal materials that you may proofread, edit or otherwise use with the Software and Services.

1. Grant of Licence

1.1 In consideration for payment of the Licence Fee and subject to the terms and conditions of this Agreement, the Licensor grants to the Licensee for 12 months (calculated from the date of purchase), a non-exclusive, personal, non-transferable licence solely for the use specified below.

1.2 You may not assign, sub-license, rent, lease, reproduce, distribute, convey or otherwise transfer the program to any third party in whole or in part other than as permitted in this Agreement. You may only copy the program for backup purposes as expressly stated below.

1.3 In the event of non-renewal of the licence, we have the right to immediately terminate our support and your access to our Software and Services. We have no liability to you for any lost data, User Content or User Materials or any loss or damage, direct, indirect or consequential which you may suffer as a result.

2. Use of Software

2.1 The Software is provided on a single, individual licence basis by the Licensor to the Licensee by download from the Site.

2.2 The Software licence permits the Licensee to check Microsoft Word documents and Microsoft Outlook emails against glossaries/wordlists that:

(a) the Licensor makes available to the Licensee;

(b) the Licensee uploads to the Licensee’s password-protected Glossary Manager at the Site for the Licensee’s use.

2.3 Except when a glossary is prevented by the functionality of the Site or is protected by law (see sub-clause 6.1), the Licensee is also permitted to use the Software to:

(a) add to the Microsoft document/email a table of terms and definitions extracted from selected glossaries/wordlists;

(b) link identified terms in the document/email to the added table.

2.4 You may not copy, reproduce, backup, modify or otherwise use this Software for any means other than as specified in this Agreement.

3. User Account and Password Security

3.1 It is your responsibility to maintain the confidentiality of your password and User account. You accept full responsibility for all activities occurring under your password or account. The Licensor will not and cannot be held liable for any damage or loss that arises from your failure to comply with this requirement. You will notify the Licensor immediately of any suspected or actual loss, theft or unauthorised use of your password.

4. Security of User Materials

4.1 As part of maintaining our Services, we track and record web addresses (URLs) retrieved by the Software. These URLs may include the glossaries and linked terms that you select when implementing the Software to process your Materials. However, we cannot and do not have access to any personal or other materials at any time and we cannot be held responsible for any direct or indirect loss or claims related to any User Materials.

4.2 We cannot be held responsible for any loss, corruption, formatting, alterations or other modifications that may occur to User Materials as a result of your using our Software or Services. You are fully responsible for any such effects on User Materials and we recommend that you ensure you have backed up all User Materials before you implement the Software.

5. Licence Restrictions

5.1 The Licensee may use the Software on only a single computer. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. If a Software upgrade enables compatibility with mobile devices, the Licensee may use the Software on a single computer and also on multiple mobile devices owned by the Licensee.

5.2 To use the CoolJargon Pro add-in on a network for more than one user, it is necessary to obtain an Enterprise Subscriber Software Licence from Cool Jargon - Language Control Pty Ltd.

5.3 Except as otherwise expressly provided in this Agreement, the Licensee shall not itself, and shall not permit any other person to:

(a) use, store, download, sub-license, sell, transmit, redistribute, reproduce, adapt or otherwise deal with the Software in any form (whether machine readable or not) or for any purpose. In no circumstances shall the Licensee deal with the Software in favour of third parties;

(b) reverse assemble or reverse compile the whole or any part of the Software;

(c) allow the Software to be accessed for multiple use, or to be concurrently used, or be capable of being concurrently used, by multiple users including but not limited to multiple users on the same computer;

(d) format or merge the whole or a substantial or material part of the Software so that it ceases to be readily identifiable as that of the Licensor; or

(e) do or suffer any act in respect of the Software which is not licensed under this Agreement.

5.4 The Licensee acknowledges and agrees that, except as otherwise expressly authorised in writing by the Licensor:

(a) the licence is restricted solely to the Licensee;

(b) no rights of the Licensee under this Agreement nor in respect of the Software or any part thereof may be assigned, transferred or sub-licensed;

(c) any enhancements or modifications to the Software made by or on behalf of the Licensee are hereby assigned to the Licensor and shall upon their creation vest in the Licensor.

6. User Content

6.1 You are responsible and indemnify us for all User Content that you upload to or manage at the Site. We have no obligation to review or monitor any User Content and accept no responsibility or liability for anything you upload including but not limited to breach of third-party rights. You further agree that you are prohibited from:

(a) using our Services for anything which may violate any private or confidential information, or for any illegal or unauthorised use;

(b) uploading, or using our Services in relation to, any User Content that may be protected by third-party copyright and other intellectual property rights.

6.2 You will not upload or add any User Content that includes deep links to a third-party website if that website’s terms specifically prohibit deep linking or linking generally to that website without that website’s consent. In cases where the website’s terms do not include a specific prohibition, you will contact the website’s host or webmaster to ensure that consent is granted before linking to that website. If we receive complaints and/or cease and desist letters for violation of terms from the linked-to site’s host or webmaster, we reserve the right at all times to remove your User Content and suspend or terminate your User account.

6.3 We accept no responsibility if User Content is lost, corrupted or changed and do not guarantee that it will be retrievable. You accept responsibility for saving and storing backup copies of User Content independently of the Site and its Services.

6.4 These Terms do not grant the Licensor any rights to your User Content or intellectual property except for the limited rights that are necessary to provide the Services, as explained below.

6.5 You give us permission to host your User Content and to technically administer services such as data backup, glossary management and word inflection data management. This permission also extends to third parties we trust and work with to provide the Services.

7. No Warranty

7.1 We do not warrant that the Software will be free from disruption, interruption or errors. You acknowledge that the Software may be suspended from time to time to enable us to carry out works to maintain, repair or update the Software. Where possible, we will notify you in advance of any suspension or interruption.

7.2 We do not warrant that the function or performance of the Software will meet your individual requirements or perform flawlessly with the particular configuration of your computer operating system or software. We will, however, abide by all conditions or warranties which are required by the Competition and Consumer Act 2010 (Cth).

7.3 We will use our best endeavours to ensure the Software is always available and virus free but from time to time this may not be the case, as it may be out of our immediate control. We will notify you if the Software becomes unavailable for any lengthy and unusual time period.

7.4 We may subcontract technical support to a professional subcontractor with notice to you.

8. Refunds and Replacements

8.1 We want you to be fully satisfied with the CoolJargon Pro add-in, and will provide, when requested, a refund or a replacement copy if the Software does not perform as advertised.

8.2 When submitting a request, the Licensee will:

(a) email the Licensor within 14 days of signing up;

(b) include with the request a description of the problem and a sample document in which the problem occurs;

(c) include the Licensee’s copy of the Software for our examination.

8.3 If, after examination, we determine that the Licensee’s copy of the Software does not perform as advertised, we will provide, at our sole discretion, either:

(a) a full refund of the subscription price; or

(b) a replacement copy of the Software.

8.4 See also 13.2.

9. Ownership of the Software

9.1 We retain ownership of the Software and any release, update or upgrade. All rights, including but not limited to, copyrights, trademark and trade secret rights to the Software belong to us. Your use of the Software is subject to the laws of the Australian Capital Territory and other applicable copyright and trademark laws and nothing in this Agreement will constitute a waiver of our rights under any laws.

10. Intellectual Property

10.1 The Licensor retains all intellectual property rights in this Software and its source code. By virtue of this Agreement, the Licensee acquires only the right to use the Software in accordance with this Agreement, and does not acquire any rights of ownership in the Software.

10.2 You cannot give, sell, provide, adapt or otherwise use this Software for any purpose other than as specified in this Agreement.

11. Disclaimers and Release

11.1 The Licensee acknowledges that the Software has not been prepared to meet the specific requirements of the Licensee or of any other person and that it is therefore the responsibility of the Licensee to ensure that the Software meets its own individual requirements.

11.2 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, whether express or implied, statutory or otherwise, as to the condition, quality, performance, merchantability or fitness for purpose of the Software is given or assumed by the Licensor and all such warranties, conditions, undertakings and terms are hereby excluded to the extent permitted by law.

12. Limitation of Liability

12.1 The Licensee acknowledges and agrees, subject only to sub-clause 15.2, that in no event shall the Licensor be liable for damages, including indirect, special, incidental or consequential damages (including loss of existing or anticipated revenue) in connection with or arising out of your use of the Site, Services or Software, or otherwise in connection with this Agreement or any breach by the Licensee of this Agreement. You agree to take over any claims, litigation, issues or actions which may be taken by anyone including any third party as a result of your actions and related directly or indirectly to your use of the Site, Services or Software.

12.2 The liability of the Licensor for all claims, in aggregate, which the Licensee may have against the Licensor in relation to the Software (whether for breach of this Agreement, for negligence or otherwise), shall be limited to the Licence Fee paid for that year.

12.3 To the extent that the liability of the Licensor under this Agreement cannot be wholly excluded at law, it is limited to the re-supply of the Software or the Services to the Licensee. This limitation of liability does not apply where any loss of the Licensor arises from a wilful or negligent act or omission of the Licensee, in which case the Licensee agrees to indemnify the Licensor for all direct, indirect, economic and consequential loss.

13. Changes to Terms and Conditions

13.1 Cool Jargon - Language Control Pty Ltd may occasionally update this Agreement. In such instances, we will notify you either by email or by posting the updated Agreement on the Site. It is the Licensee’s responsibility to regularly review the on-site Agreement for the most current terms and conditions. By continuing to use the Software you agree to be bound by the updated Agreement posted on the Site.

13.2 Upon request, Cool Jargon - Language Control Pty Ltd will return a prorated portion of your subscription fees if you terminate your subscription within 7 days following the posting of a revised Agreement on the Site.

14. Termination and Expiry

14.1 You agree that we may, in our sole discretion, terminate or suspend your access to the Software and your User account at any time with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

14.2 Any termination of the licence shall not affect any accrued rights or liabilities of any party, including rights to injunctive relief.

15. General Terms

15.1 This Agreement shall be construed and governed in all respects by the law for the time being in force in the Australian Capital Territory. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of the Australian Capital Territory for determining any dispute concerning this Agreement.

15.2 In the event that any provision of this Agreement is held to be invalid or unenforceable, then (at the Licensor’s election at any time) either the remaining provisions of this Agreement will remain in full force and effect, or the provision shall be read down to the extent reasonable to make it valid and enforceable.

15.3 The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

15.4 This Agreement constitutes the complete agreement between the parties and supersedes all previous agreements or representations written or oral, with respect to the Software and licence. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party.

Acknowledgements

Academic Word List

Key words and word families are sourced from the Academic Word List created by Averil Coxhead. For more information, see Averil Coxhead’s homepage.

Academic Collocation List file

Lexical collocations are reproduced with permission Pearson Education Limited, Copyright © 2015 Pearson Inc.

Campbell Harvey’s Financial Glossary file

Terms and definitions are sourced from Hypertextual Finance Glossary. Copyright © 2014 Campbell R. Harvey. All Worldwide Rights Reserved. For more information, see Campbell R. Harvey’s homepage. Used with permission.

CDC Health Literacy Thesaurus

Sourced from www.plainlanguage.gov/populartopics/health_literacy/index.cfm

Familiser file

Word families are sourced from BNC/COCA family lists created by Paul Nation. For more information, see Paul Nation's homepage.

Legal Words and Phrases file

Legal terms and drafting guidance are sourced from the Words and Phrases Guide, which can be accessed at http://www.pco.act.gov.au/. The Australian Capital Territory owns the copyright to the Words and Phrases Guide. Used with permission of the ACT Parliamentary Counsel's Office, Canberra.

NCI Dictionary of Cancer Terms and NCI Drug Dictionary files

Terms and definitions are sourced from the website of the National Cancer Institute http://www.cancer.gov

Nominaliser file

Data is sourced from The SPECIALIST NLP Tools (SPECIALIST Lexicon Release 2011). For more information, visit http://lexsrv3.nlm.nih.gov/Specialist/Home/index.html

OpenStax Key Terms files

Glossary files sourced from OpenStax College textbooks. Read the books online or download for free at http://openstaxcollege.org/books

Miscellaneous

Sources appropriated under the Creative Commons Attribution Share-Alike Licence 3.0: