Disclaimer

 

Welcome to the website https://cooljargon.com, which is owned and operated by Cool Jargon – Language Control Pty Ltd. 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 endorsement of 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

This website, and our terminology support tools CoolJargon Editor, CoolJargon Widget and CoolJargon Pro, are copyright of Cool Jargon – Language Control Pty Ltd © 2019. All rights reserved. They contain 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, as well as our selection of glossaries and wordlists.

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

 

Privacy Policy

 

INTRODUCTION

Cool Jargon - Language Control Pty Ltd ("we", "us", or "our") own and operate the website https://cooljargon.com (the "Site") and the Microsoft Word add-in CoolJargon Pro (the "Software"), The Site and the Software (collectively the "Service") provide the terminology support services that we offer to you.

We respect the privacy and confidentiality of the information you provide as a visitor or subscriber and adhere to the Australian Privacy Principles. We use your data to provide and improve the Service. By using the Service, you agree to the collection, use, and disclosure of your personal data, and the choices you have, as described in this Privacy Policy. Please read it carefully.

Things You Should Know

All personal communications to the Site are encrypted and we secure them against unauthorised use or access.

Your credit card details are not stored by us and cannot be accessed by our staff. They are encrypted and securely stored by processing providers who may be located outside of Australia but who comply with international PCI (payment card industry) standards for data security.

If you have registered with us, you can review, update or delete your personal profile online at any time.

We do not view or record at any time the web pages, texts, documents and personal materials ("User Materials") that you submit for processing with the Service. Processing of User Materials is generated client-side (i.e. locally) and they are not sent to our servers.

INFORMATION COLLECTION AND USE

We collect several types of information for various purposes to provide and improve our Service to you.

Personal Data

When you use our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

Personally identifiable information may include, but is not limited to:

•          your email address

•          your first name and last name

•          usage and cookies data (see below).

 

Your credit card details are never sent to us and are not stored on our servers.

Usage Data

We may collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol (IP) address, browser type, browser version, the pages at our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device's unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Cookies and Tracking Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from our Site and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Cookies we use include:

•          session cookies to operate our Service

•          preference cookies to remember your preferences and various settings

•          security cookies.

 

Use of Data

We use the collected data to:

•          provide and maintain the Service

•          notify you about changes to our Service

•          allow you to participate in interactive features of our Service when you choose to do so

•          provide customer care and support

•          provide analysis or valuable information so that we can improve the Service

•          monitor the usage of the Service

•          detect, prevent and address technical issues.

 

SECURITY, TRANSFER AND STORAGE OF YOUR INFORMATION

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your communications to our Site are transmitted over secure (i.e. https) connections. Your credit card information is encrypted before transmission and is not viewed by us or stored on our servers.

Amazon Web Services (AWS) in the United States are responsible for the physical security of our servers.

When the Personal Data that we collect is no longer required, we destroy or delete it in a secure manner.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

Transfer of Data

Your information, including Personal Data, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Australia and choose to provide information to us, please note that we may transfer the data, including Personal Data, to Australia or other countries that have adequate privacy protections. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Storage of Data

All information we receive from you is stored on our secure servers and protected from unauthorized use or access.

Your credit card details are securely stored by processing providers who may be located outside of Australia but who comply with international PCI (payment card industry) standards for data security.

We retain your personal information for as long as needed to provide our Service to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

USER CONTENT

You are responsible and indemnify us for all user-supplied linguistic content such as glossaries and wordlists ("User Content") that you upload to your private account ("User Account"). It is your responsibility to keep backups of all User Content that you upload to your User Account.

All intellectual property rights in and to the User Content are and shall remain your property, and Cool Jargon – Language Control Pty Ltd shall acquire no right of ownership with respect to your User Content.

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 do not view or record at any time the web pages, texts, documents and personal materials ("User Materials") that you submit for processing with the Service. Processing of User Materials is generated client-side (i.e. locally) and they are not sent to our servers.

As part of maintaining our Service, we track and record the web addresses (URLs) of the glossaries and linked terms that you select when implementing the Service to process your User Materials. However, we do not access 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.

SHARING YOUR INFORMATION WITH THIRD PARTIES

We do not and will not sell or deal in Personal Data or any customer information.

Service Providers

We may engage third-party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf and to perform Service-related services.

Such third parties may access your Personal Data only to perform these tasks and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

DISCLOSURE OF YOUR INFORMATION

We may from time to time disclose certain information, which may include your Personal Data, in the good faith belief that such action is necessary to:

•          comply with a law, regulation, court order, subpoena, warrant or other legal requirement in the course of a legal proceeding or in response to a law enforcement agency request

•          protect and defend the rights or property of Cool Jargon - Language Control Pty Ltd, our customers or third parties

•          prevent or investigate possible wrongdoing in connection with the Service

•          protect the personal safety of users of the Service or the public

•          protect against legal liability

•          enable a change of control in one of our businesses, whether by merger, sale, transfer of assets or otherwise. In such instances, any transfer of Personal Data would occur under a confidentiality agreement.

 

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.

BLOG COMMENTS AND TESTIMONIALS

In the event that our Site allows blog comments or testimonials, any information you choose to make publicly available will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

LINKS TO OTHER WEBSITES

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

IF YOU ARE UNDER 18 YEARS

Our Service does not address anyone under the age of 18 ("Child"). If you are under the age of 18 years, you must ask your parent or legal guardian to approve your provision of Personal Data before you submit your personal details to us. If you are the parent or guardian of a Child and they have provided us with Personal Data without your consent, please contact us and we will take steps to remove that information from our servers.

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 and at our sole discretion; all modifications will be effective immediately upon our posting of the modifications on this Site. Please return periodically to review our Privacy Policy.

CONTACT US

If you have any questions or concerns at any time about our Privacy Policy or the use of your Personal Data, please contact us at info@cooljargon.com and we will endeavour to respond within 48 hours.

 

Terms and Conditions of Use

 

If you continue to browse and use this website https://cooljargon.com (the “Site”), you are agreeing to comply with and be bound by these terms and conditions which, together with our Privacy Policy, Website Disclaimer and User Licence Agreement, govern our relationship with you concerning your use of our Site, Service and Software. You also signify that the laws of your country allow you to enter into a binding contract with Cool Jargon – Language Control Pty Ltd, who own and operate the Site.

Definitions

“Agreement” means the agreement between you and Cool Jargon – Language Control Pty Ltd to the terms and conditions that apply to your use and access to the Site and your use and access to the documents and information on it.

"Site" means our website https://cooljargon.com and its sub-domains. The Site includes the CoolJargon Online Editor, which is offered as an online authoring and reading tool. The online editor allows the entry of User Materials into a textbox in order to identify technical terms in the entered materials and to check those terms against glossaries and wordlists hosted by Cool Jargon – Language Control Pty Ltd.

“Software” means our Microsoft Word add-in CoolJargon Pro, which subscribers may download from their User Account. Designed as an authoring and reading tool, CoolJargon Pro allows subscribers to identify technical terms within Word documents and to check those terms against glossaries and wordlists hosted by Cool Jargon – Language Control Pty Ltd.

“Service” means the services offered by the Site and 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 means a subscriber to our Service.

"User Account" means your password-protected subscriber account that gives you access to the Service.

“User Content” means User-supplied linguistic content such as glossaries and wordlists that you upload to your User Account in order to process User Materials with the Software and Service.

“User Materials” includes any text, documents or personal materials that you may proofread, edit or check for defined terms when using the Software and Service.

“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 Service that we provide to you.

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

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 our Service.

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.

You must 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, we grant 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 User Materials against glossaries and wordlists that are available at your User account.

You must not use our Service 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 Service. We have no liability to you for any lost data, User Content or User Materials, or for any loss or damage, direct, indirect or consequential, that 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 Content

You are responsible and indemnify us for all uploaded User Content. 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 Service for anything which may violate any private or confidential information, or for any illegal or unauthorised use;

b.        uploading, or using our Service in relation to, any User Content that may be protected by third-party copyright and 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 prohibit linking or deep linking to that site. In cases where the website’s terms do not include a specific prohibition, you must 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 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.

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 limited rights that are necessary to provide the Service, as explained below.

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 Service.

User Materials

As part of maintaining our Service, we track and record the web addresses (URLs) of the glossaries and linked terms that you select when implementing our Service. However, we cannot and do not have access to any User Materials at any time and we cannot be held responsible for any direct or indirect loss or claims related to any User Materials. You are fully responsible for any loss, corruption, formatting, alterations or other modifications that may occur to User Materials as a result of your using our Service.

Copyright Policy

The contents of the Service, including its Software, design, layout, look, appearance, trademarks, graphics, sample texts, glossaries and wordlists are protected under applicable copyright, trademark and other laws. The contents of the Service belong to or are licensed to Cool Jargon – Language Control Pty Ltd or its software or content suppliers.

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

No Warranties

To the fullest extent permitted by law, we absolutely disclaim 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 our Service will be free of errors, or that defects will be corrected, or that the Site or its servers are free of viruses or any other harmful components.

Whilst we endeavour to have reliable 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 our responsibility 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 Service to you again; the replacement of the Software; or the payment of the cost of having the Software or Service supplied to you again.

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

Refunds and Replacements

We process refunds in accordance with the Australian Consumer Protection legislation.

Our subscription package is non-refundable if you simply change your mind after purchase.

If, however, you believe that our Service does not perform as advertised, please notify us within 14 days of purchase with a valid request for a refund. Your request must include, where applicable:

a.        a detailed description of the problem

b.        an accompanying screenshot (JPG, GIF or PNG) that illustrates the problem.

c.        a sample Word document in which the problem occurs

d.        version details of (i) your copy of Microsoft Word, (ii) your Windows operating system and (iii) your copy of CoolJargon Pro

e.        a copy of your CoolJargon Pro executable file for our examination.

 

If we determine that our Software does not perform as advertised, we will, at our sole discretion, provide either:

a.        a full refund of the subscription price; or

b.        a replacement copy of the Software.

 

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 Victoria 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 Victoria.

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 User Licence Agreement

6 May 2019

 

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

 

Cool Jargon – Language Control Pty Ltd (ACN 151 375 085) is the author, creator and publisher of this software (“Licensor”). Your use of and access to the software as a user (“Licensee”) is governed by these terms and conditions of use ("Terms").

 

This is a licence agreement (“Agreement”) between you as Licensee and us as the Licensor of this software.

 

As a Licensee, you may subscribe to our Software where the subscription is solely for your own personal use (“Individual Subscriber”) or subscribe to our Software for a corporate subscription package (“Enterprise Subscriber”).

 

If you are entering into this Agreement as an Individual Subscriber, this Agreement is between you personally and the Licensor.

 

If you are entering into this Agreement on behalf of an Enterprise Subscriber who is party to the Agreement with the Licensor, you warrant that you have full legal capacity and power to enter into this Agreement on behalf of the Enterprise Subscriber.

 

If you are using our Software and Service as an authorised user (“Authorised User”) of an Enterprise Subscriber, you warrant that the Enterprise Subscriber has authorised you to use our Software and Service. You agree to abide by these Terms. Authorised User and Enterprise Subscriber are jointly and severally liable for the use of our Software and Site in accordance with these Terms.

 

By indicating that you accept the Terms in this licence agreement or by using our Software and Service, 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 these Terms and the terms and conditions, privacy policy and disclaimer located at the website https://cooljargon.com.

 

By indicating that you accept the Terms in this 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, and

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 user licence agreement.

 

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

 

“Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).

 

“Intellectual Property (Rights)” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

 

“Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.

 

“Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tort (including negligence), restitution, pursuant to statute or otherwise at law or in equity.

 

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

 

“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.

 

“Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.

 

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

 

“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 Victoria, Australia owns and operates the Site.

 

“Software” means the Microsoft Word add-in CoolJargon Pro, which the Licensee can download at the Licensee's User Account. Designed as an authoring and reading tool, CoolJargon Pro allows the Licensee to identify technical terms within Word documents and to check those terms against glossaries and wordlists hosted by the Licensor.

 

“Subscription” is for level of an Individual Subscriber (personal use only) or for level of an Enterprise Subscriber (corporate subscription package).

 

“Subscription Period” means an automatically renewable period of 12 months starting from the date of purchase of the Software.

 

“User Account” means your account to access use of the Software.

 

“User Content” means user-supplied linguistic content such as glossaries and wordlists that you upload to your User Account in order to process User Materials with the Software and Service.

 

“User Materials” includes any text, documents or personal materials that the Licensee may proofread, edit or check for defined terms when using the Software and Service.

 

1.        Grant of Licence and Payment of Licence Fee

 

1.1      The Licensee must pay to the Licensor the applicable Licence Fee according to the Subscription level.  Payment of the Licence Fee automatically renews unless Licensee terminates the Subscription in accordance with these Terms.

 

1.2      Licensor reserves the right to update its Licence Fee from time to time by email notice to Licensee at least 14 calendar days prior to the end of the Subscription Period.

 

1.3      In consideration for payment of the Licence Fee, the Licensor grants to the Individual Subscriber for the duration of the Subscription Period, a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Software and Service subject to and in accordance with the Terms.

 

1.4      In consideration for payment of the Licence Fee, the Licensor grants to the Enterprise Subscriber and its Authorised Users for the duration of the Subscription Period, a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Software and Service subject to and in accordance with the Terms. The licence permits Enterprise Subscriber to grant access to a specified number of Authorised Users to use the Software and the Service as agreed between Licensor and Enterprise Subscriber for the Subscription level.

 

1.5      The licence grant to Individual Subscriber and Enterprise Subscriber and their access to the Software and Service is contingent upon payment of the applicable Licence Fee. As an Authorised User, your continued access to and use of the Software and the Service is contingent upon your Enterprise Subscriber’s payment of the Licence Fee.

 

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

 

1.7      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 Service. We have no Liability to you for any Loss or damage, direct, indirect or consequential, which you may suffer as a result.

 

2.        Free trial

 

2.1      Licensor may at its sole discretion offer you a free trial membership with regard to our Software and Service (“Free Trial”). By accessing our Software and Service for a Free Trial, you agree to these Terms and any other terms that we require for such a Free Trial.

 

2.2      Either Licensor or Licensee may opt out of these Terms during the Free Trial by giving seven (7) days’ notice to the other. In this event, Licensor shall have the right to require that Licensee shall cease all use of the Software and the Service. Licensee shall not be eligible to participate in any further Free Trial except as authorised by Licensor in writing.

 

2.3      After the Free Trial and if either Licensor or Licensee does not terminate these Terms, then these Terms shall continue to bind either party. Licensor shall be entitled to charge Licensee the applicable Licence Fee according to the Subscription level and payment of the Licence Fee shall automatically renew unless Licensee terminates the Subscription in accordance with these Terms.

 

3.        Use of Software

 

3.1      The Software is provided by the Licensor to the Licensee by download from the Licensee's User Account.

 

3.2      The Software licence permits the Licensee to check User Materials against glossaries and wordlists hosted by the Licensor.

 

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

 

4.        User Account and Password Security

 

4.1      It is your responsibility to maintain the confidentiality of your User Account and the secrecy of your User ID and password (“Login Details”).

 

4.2      Any use of your Login Details by an unauthorised person is prohibited and may result in the cancellation of your User Account. You will notify the Licensor immediately of any suspected or actual loss, theft or unauthorised use of your Login Details.

 

4.3      You accept full responsibility for all activities occurring under your User Account and Login Details. The Licensor will not and cannot be held liable for any damage, Claims or Loss that arises from your failure to comply with this requirement or to maintain the security of your system.

 

5.        Security of User Materials

 

5.1      You own all right, title and interest in, or have a right to use, your User Materials. You grant to Licensor a license to process your User Materials through the Software to enable Licensor to perform its obligations under these Terms.

 

5.2      To maintain our Service, we record the URLs of the glossaries and terms that you select when using our Software and Service. Our Software reads and processes User Materials, but we do not have direct access to your User Materials, nor do we verify these at any time.

 

5.3      We cannot be held responsible for any Claims, Loss, or Liability arising from your use of our Software or for any loss of data, corruption, formatting, alterations or other modifications that may occur to User Materials as a result of your using our Software or Service. You are fully responsible for your use of the User Materials through our Software and any such effects on User Materials.

 

5.4      The rights and obligations imposed by this clause survive the end or termination of these Terms.

 

6.        Licence Restrictions

 

6.1      Individual Subscriber is licensed to use one seat as a single person to access the Software for Individual Subscriber’s personal use. That is, Individual Subscriber 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.

 

6.2      To use the Software or Service on a network for more than one user, you must obtain an Enterprise Subscriber Software Licence from Cool Jargon - Language Control Pty Ltd. Enterprise Subscriber is licensed to grant agreed number of seats for agreed number of Authorised Users permitted by Licensor according to the Subscription level. Authorised User must not transfer its individual seat, or its use of the Software or Service to a third party. Enterprise Subscriber agrees that it is responsible for ensuring that Authorised User shall comply with these Terms. Any breach of this Agreement by an Authorised User is deemed a breach by the Enterprise Subscriber and Enterprise Subscriber agrees that it is liable for any acts or omissions of the Authorised User that breach these Terms.

 

6.3      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 or allow others to copy, adapt or create derivative works of the Software without the written authorisation of the Licensor. 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;

e.        use the Software in any way that could damage the business of reputation of the Licensor or the goodwill or Intellectual Property Rights associated with the Software; or

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

 

6.4      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.        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.

 

7.        User Content

 

7.1      The Licensee is responsible and indemnifies the Licensor for all uploaded User Content. 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 Service for anything which may violate any private or confidential information, or for any illegal or unauthorised use;

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

 

7.2      You must not upload or add any User Content that includes deep links to a third-party website if that website’s terms prohibit linking or deep linking to that site. In cases where the website’s terms do not include a specific prohibition, you must 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 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.

 

7.3      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.

 

7.4      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 Service, as explained below.

 

7.5      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 Service.

 

8.        No Warranty

 

8.1      Licensor warrants that it is the owner of, or authorised to commercialise, the Intellectual Property Rights in the Software.

 

8.2      Except as expressly provided herein no other warranty, condition, undertaking or term express or implied, statutory or otherwise is given and all such warranties, conditions, undertakings and terms are, insofar as Law allows, hereby excluded.

 

8.3      We do not warrant that the Software will be free from disruption, interruption or errors or that we will correct all faults, defects and 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.

 

8.4      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 that are required by the Competition and Consumer Act 2010 (Cth).

 

8.5      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.

 

8.6      We may subcontract technical support to a professional subcontractor without notice to you.

 

9.        Refunds and Replacements

 

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

 

9.2      If you believe that our Software does not perform as advertised, please notify us within 14 days of purchase with a valid request for a refund. Your request must include:

 

a.        a detailed description of the problem

b.        an accompanying screenshot (JPG, GIF or PNG) that illustrates the problem

c.        a sample Word document in which the problem occurs

d.        version details of (i) your copy of Microsoft Word, (ii) your Windows operating system and (iii) your copy of CoolJargon Pro

e.        a copy of your CoolJargon Pro executable file for our examination.

 

9.3      If we determine that our Software does not perform as advertised, we will, at our sole discretion, provide either:

 

a.        a full refund of the subscription price; or

b.        a replacement copy of the Software.

 

10.      Ownership of the Software

 

10.1     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.

 

10.2     Your use of the Software is subject to the laws of Victoria and other applicable copyright and trademark laws.

 

10.3     Nothing in this Agreement will constitute a waiver of our rights under any Laws.

 

11.      Intellectual Property

 

11.1     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 its Terms, and does not acquire any rights of ownership in the Software.

 

11.2   Licensee agrees that the Intellectual Property Rights in or related to the Software or any of its documentation vest in Licensor.

 

11.3     The Licensee agrees that Licensor  will retain any Intellectual Property Rights in the Software and any materials created as part of the Software and the Licensee shall not challenge, contest or deny the validity of Licensor ’s Intellectual Property Rights.

 

11.4     Licensee must not redistribute, sell, provide, adapt or otherwise use this Software for any purpose other than as specified in this Agreement.

 

11.5     The Licensee warrants that it will not remove any copyright or trade mark notices in or on the Software.

 

11.6     This clause survives the termination or expiry of this Agreement for whatever reason.

 

12.      Disclaimers and Release

 

12.1     You acknowledge that Licensor does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Software other than pursuant to these Terms.

 

12.2     Nothing in these 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.

 

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

 

a.        all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

b         Licensor will not be liable for any direct, indirect, special or consequential Loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Software or these Terms whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

12.4     Use of the Software is at user’s own risk.  Everything made available through the Software is provided to user without warranty or condition of any kind, except as otherwise expressly provided in these Terms.

 

12.5     None of the affiliates, directors, officers, employees, agents, contributors or third-party content providers makes any express or implied representation or warranty about the Software or the accuracy of results produced by the Software. This includes (but is not restricted to) Loss or damage user might suffer as a result of any of the following:

 

a.        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;

b.        the accuracy or suitability of any information produced by the Software or Service; or

c.        costs incurred because of Licensee downloading, accessing or using the Software.

 

13.      Limitation of Liability

 

13.1     The Licensee acknowledges and agrees 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 Licensee’s use of the Site, Service or Software, or otherwise in connection with this Agreement or any breach by the Licensee of this Agreement. Licensee agrees to take over any Claims, litigation, issues or actions which may be taken by anyone including any third party as a result of Licensee’s actions and related directly or indirectly to Licensee’s use of the Site, Service or Software.

 

13.2     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.

 

13.3     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 Service to the Licensee.

 

14.      Disputes

 

14.1     Compulsory process. A party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless it has complied with this clause.

 

14.2     Notification. A party claiming that a dispute has arisen shall notify each other party to the dispute giving details of the dispute.

 

14.3     Initial period – efforts to resolve dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the dispute) ("Initial Period") each party to the dispute ("Disputant") covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the dispute.

 

14.4     Mediation. If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that either:

 

a.        the dispute shall be referred for mediation, at the request of any Disputant, to a mediator agreed on by the Disputants; or

b.        if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

 

14.5     Role of mediator. The role of any mediator is to assist in negotiating a resolution of the dispute.  A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

 

14.6     Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the dispute.

 

14.7     Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.

 

14.8     Location, timing and attendance. The mediation will be held in Victoria, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation, each Disputant may be represented by one or more legal representatives.

 

14.9     Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (“Mediation Termination Notice”). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

 

14.10   Confidentiality. All communications concerning negotiations made by the Disputants 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 law of evidence.

 

15.      Changes to Terms and Conditions

 

15.1     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. By continuing to use the Software you agree to be bound by the updated Agreement posted on the Site.

 

15.2     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.

 

16.      Termination and Expiry

 

16.1     You agree that we may, at 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, for breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your User Account and may be referred to the appropriate law enforcement authorities.

 

16.2     Individual Subscriber and Enterprise Subscriber may terminate User Account by giving us at least thirty days’ written notice prior to the end of the then applicable Subscription Period. Authorised User’s access to the Site and the Service will be terminated if Enterprise User terminates its User Account. In no event will termination relieve Individual Subscriber or Enterprise Subscriber of its obligation to pay the Licence Fee for the current Subscription Period. We will not pro rate the Licence Fee for a Subscription that is terminated before the end of its Subscription period and no refunds will be given for any prepaid Licence Fee.

 

16.3     Where there has been a termination under this clause, your right to access and use the Software and the Service will immediately cease.

 

16.4     Termination of the licence shall not affect any accrued rights or liabilities of any party, including rights to injunctive relief.

 

17.      General Terms

 

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

 

17.2     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.

 

17.3     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.

 

17.4     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

 

Illustrative Texts

Computer Science text is sourced from Sushma Dahal, Monica H. Swahn, and Matthew J. Hayat, “Association between Neighborhood Conditions and Mental Disorders among Children in the US: Evidence from the National Survey of Children’s Health 2011/12,” Psychiatry Journal, vol. 2018, Article ID 5914315, 9 pages, 2018. https://doi.org/10.1155/2018/5914315. Appropriated under the Creative Commons Attribution 4.0 International (CC BY 4.0) Licence

Cancer text was originally published by the National Cancer Institute.