Terms & Conditions

You have requested access to one or more databases in the custody of and administered by Clockwork Computing Pty Ltd. Before you can be granted access, you must read and agree to these terms of use. By proceeding past here and accessing the database, you accept the following terms.

1. In this agreement the expression "the Data" includes organisation, methods, procedures, triggers, structure, compilations, objects, components and algorithms related to the databases administered by Clockwork Computing Pty Ltd. The expression "licensors" means licensed ProCharter users who are the legal owners of their respective databases and related data.

2. Clockwork Computing Pty Ltd hereby grants you a non-transferable and non-exclusive right to use the Data. The Data and all associated software and XML code and content are subject of copyright protection. Clockwork Computing Pty Ltd (or its licensors) retains ownership. Access is strictly limited to the purpose of reproducing and displaying the Data for direct sales to consumers of the available services inherent in the Data. Otherwise you may not on-sell, reproduce, distribute, display, modify, transfer or transmit, in any form or by any means, the Data or any portion thereof without first obtaining the prior written consent of Clockwork Computing Pty Ltd and its licensors.

3. You disclaim and renounce any intellectual property ownership rights in the Data and in any related fields or format in which the Data is searched or presented to you in accordance with your request. You renounce any claim against Clockwork Computing Pty Ltd for presenting information to others in the same or a substantially similar manner in which it is presented to you.

4. You must maintain the confidentiality of your password and restrict access to your computer so that only persons authorised by you as your agent may access the Data.

5. You will cooperate completely with any reasonable request by Clockwork Computing Pty Ltd to investigate a possible infringement of copyright or other proprietary right.

6. Your requests to access the Data must be in accordance with the directions or other parameters published by Clockwork Computing Pty Ltd from time.

7. You must not misuse, overuse or unreasonably exploit your access to the Data and without limiting the foregoing, you must not make an abnormal number or frequency of requests to access the Data which is defined as: within any one particular hour, or any one particular calendar day, your requests are in excess of 2 standard deviations from the mean distribution of requests.

8. In addition to other rights accrued to Clockwork Computing Pty Ltd arising from a breach of rules 6 or 7, you indemnify Clockwork Computing Pty Ltd for any costs, losses or damages it suffers in connection with your failure to follow set directions or parameters, misuse, overuse or unreasonable exploitation of access to the Data or your statistically abnormal use of it including all actual, not necessarily reasonable, 3rd party costs, whether reasonably foreseeable or not.

9. Clockwork Computing Pty Ltd may make changes to these terms by making your further access to the Data conditional on signifying your agreement to the changes in the same manner to which you agree to these terms.

10. The Data is provided in good faith and collated from sources believed to be correct.

11. Your use of the Data is at your sole risk on an 'as available' basis.

12. Clockwork Computing Pty Ltd makes no representation that the Data is accurate or complete, or that your access to the Data will be uninterrupted, timely or secure.

13. Clockwork Computing Pty Ltd disclaims any liability for the accuracy, completeness or functionality of the Data and/or access to it.

14. Subject to the Trade Practices Act, Clockwork Computing Pty Ltd hereby excludes all conditions and warranties that may be implied by law. To the maximum extent permitted by law, Clockwork Computing Pty Ltd's liability for breach of any implied warranty or condition, which cannot be excluded, is restricted at Clockwork Computing Pty Ltd's option, to either the re-supply of those services; or the payment of the cost of having those services re-supplied.

15. You agree to indemnify, defend and hold Clockwork Computing Pty Ltd harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including legal fees) based on or arising from any breach by you of your obligations under this agreement.

16. Clockwork Computing Pty Ltd reserves the right, without notice and in its absolute discretion, to terminate your access to the Data and/or your license to use the Data.

17. If any provisions of these terms of use are deemed unlawful, void or for any reason unenforceable, then that term is severed but only to the extent necessary to ensure the validity and enforceability of the remaining terms.

18. You agree to pay Clockwork Computing Pty Ltd a licence fee for access to and use of the Data an Australian dollar amount (inclusive of GST) equal to 1% of the gross Australian dollar sale price (inclusive of GST) for confirmed bookings.

19. The licence fee is payable monthly in arrears using Direct Debit.