Sortal:Enterprise platform and Website Terms and Conditions

Sortal:Enterprise is powered by ARTlife Solutions Pty Ltd

Parties: You will be referred to throughout these Terms and Conditions as (“you” or “your”). ARTlife Solutions Pty Ltd ABN 61 618 866 872 will be referred to throughout as ARTlife Solutions or (“we” or “our”).

Overview: The Terms and Conditions of the Sortal:Enterprise platform and website include these Terms and Conditions outlined below, and the Privacy Policy found here.

The Terms and Conditions that appear on the platform and website will govern your use of, and access to, certain sections of the platform and website.

You are not permitted to use the platform and website unless you have read these Terms and Conditions and agree that they govern your right to use Sortal:Enterprise platform and the Sortal website. Your use of this website evidences your agreement to be governed by these Terms and Conditions. It is your responsibility to ensure that any of your employees or other agents are made aware of these Terms and Conditions. 

Sortal:Enterprise Platform and Website content and access: While ARTlife Solutions endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. 

ARTlife Solutions does not guarantee that access to the Sortal:Enterprise platform and website will be uninterrupted or that the platform or website is free from viruses or anything else which may damage any computer which accesses the ARTlife Solutions website or any data on such a computer. There may be occasional times when the platform or website is unavailable for brief periods of time for maintenance and improvements.

Express disclaimers: To the fullest extent permitted by law, including the Competition and Consumer Act 2010 (Cth), ARTlife Solutions does not make any warranty as to the accuracy, suitability, reliability or completeness of the information or content on this website. Nothing on this website shall be construed as providing the user with advice. 

Limitation of liability: To the fullest extent permitted by law, ARTlife Solutions excludes all liability for any loss or damage arising directly or indirectly from or in any way connected to your use of or reliance on this platform, website and its content. This includes loss which is special, indirect, consequential or loss of business profits. ARTlife Solutions complies with the Australian Consumer Law and provides all of the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where ARTlife Solutions breaches a warranty or guarantee which is implied by law into these Terms and Conditions and which cannot be lawfully excluded, then ARTlife Solutions relies on Section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, ARTlife Solutions’ liability for any such breach shall be limited at our option, as long as it is fair and reasonable to do so, to any one or more of the following:  

(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods. 

(ii) Where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.  

Links to other websites: Our website may contain links to other websites. This does not necessarily imply sponsorship, endorsement, or any arrangement whatsoever between ARTlife Solutions and the owners of the linked websites. ARTlife Solutions takes no responsibility for any of the content found on the linked websites. ARTlife Solutions website may contain information provided by third parties. ARTlife Solutions accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Intellectual property of website: All content displayed on this website, including but not limited to information, photographs, graphic materials and artwork, is the property of ARTlife Solutions. Website content may be displayed and downloaded for any legitimate business or personal purpose provided that any copyright notice is not removed. You agree not to reproduce, disseminate, sell, publish, broadcast or circulate any content to any third party without the express prior written consent of ARTlife Solutions. ARTlife Solutions expressly reserves all copyright in its website and in all website content. 

Intellectual property of the Sortal:Enterprise platform: All content uploaded and saved to your own Sortal:Enterprise account (paid for via a subscription arrangement that covers the use of the platform and cloud hosting of your information) for either business or personal use remains your intellectual property. ARTlife Solutions does not claim ownership of the information, photographs, graphic materials and artwork, except the text labelling that forms part of the machine learning or the auto classification feature of the platform. ARTlife Solutions expressly reserves all copyright over the interface design and technology styling elements of the Sortal:Enterprise platform, but not over the content uploaded by users. More information about your privacy is found here.

Exclusion of competitors: ARTlife Solutions expressly excludes and does not permit competitors to use our platform or website content, or obtain any such content through a third party. ARTlife Solutions holds any competitor who breaches these Terms and Conditions fully responsible for any loss that we might sustain and further holds the competitor accountable for all profits made from the breach of these Terms and Conditions.

Exclusion of platform account holders or users: ARTlife Solutions reserves the right to exclude any person from using the Sortal:Enterprise platform. 

Website submissions: Any material uploaded to this website or sent to ARTlife Solutions via this website (not the Sortal:Enterprise platform) will be considered by us to be non-proprietary unless you indicate otherwise. This includes any data, questions, comments, suggestions, ideas or other information. Subject to our Privacy Policy, ARTlife Solutions may use such material for any purpose without compensation or notice. Any material uploaded to this website must not be malicious, offensive or considered to be spam or solely promotional in nature. ARTlife Solutions reserves the right to remove any uploaded material without notice.     

Privacy: Please read in conjunction with our Privacy Policy. ARTlife Solutions is committed to safeguarding your privacy. All customer data is secured against unauthorised use or access. ARTlife Solutions does not sell or deal in personal or customer information. ARTlife Solutions may however use your information in a general sense to create marketing statistics, identify user demands and to assist us in meeting customer needs generally. 

Personal information: ARTlife Solutions is committed to the transparent and open management of personal information. Any personal information ARTlife Solutions collects will be kept and treated as confidential. The information we collect can include information that is capable of identifying you such as your name, address, telephone number, email address, payment details, social media details, occupation and details regarding conversations we have had with you. Personal information will only be used for the purposes outlined in our Privacy Policy. If you are given access to ARTlife Solutions’ confidential information you may not disclose it to any third party without our written consent.

Disclosure of information: ARTlife Solutions may disclose information in good faith and where ARTlife Solutions is required to do so:

(i) by law or by any court; 

(ii) to enforce the terms of any of our customer agreements; 

(iii) to protect the rights, property or safety of ARTlife Solutions, its customers or third parties; or

(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

Interference: You must not add, remove, change, hack or otherwise interfere with this website or platform, or any content on this website or platform.

Termination: If in [ARTlife Solutions’ reasonable opinion, you breach these Terms and Conditions then ARTlife Solutions may suspend or terminate your access to this website or platform without notice or liability. 

Whole agreement: These Terms and Conditions and our Privacy Policy represent the whole agreement between you and ARTlife Solutions concerning your use and access to ARTlife Solutions’ website and platform. No other term is to be included in this agreement except where it is required to be included by any state or federal legislation of Australia. All other terms are hereby expressly excluded.  

Exclusion of unenforceable terms and conditions: Where any of these terms or conditions would be illegal, void, or unenforceable in a particular state or territory then that term or condition shall be deemed never to have been included in these Terms and Conditions in that state or territory. The excision of any term or condition pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other terms and conditions. 

Jurisdiction: These Terms and Conditions are subject to the state and federal laws of Australia. You submit to the exclusive jurisdiction of the courts of Australia and any relevant Australian state or territory. This applies regardless of your location when accessing the website or website content.  

Amendment of terms: These Terms and Conditions were last amended on 18 October 2019. ARTlife Solutions reserves the right to amend these Terms and Conditions without notice at any time. Such amendments take effect from the date of publication of the amended Terms and Conditions on this website. It is your responsibility to regularly review these Terms and Conditions to ensure your understanding is up to date.

Sortal:Enterprise platform billing and cancellations: Buy opting into a subscription cycle via the website, you are agreeing to become an account holder and after a free trial, you have elected to pay on a monthly, 6 monthly or annual cycle for the ongoing use of the Sortal:Enterprise platform. Your subscription fee will be charged to your nominated credit card once you have proceeded through the online checkout. You agree to an ongoing billing cycle, unless you opt out and cancel your subscription. If you cancel your Sortal:Enterprise subscription, your uploaded content (such as your image files) will be held for 14 days in a ‘cooling off period’, after which your account and uploaded content will be permanently and irrevocably deleted. Your subscription and billing cycle can be managed from within your Sortal:Enterprise account. If you have feedback, want to suggest improvements, or are unhappy with any of the services provided in the Sortal:Enterprise platform, you can email a representative of the Sortal Support Team via support@sortal.io .