TITAN EULA

EULA -Terms and Conditions

Last Updated: 30 July 2019

These Terms and Conditions of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and TITAN (as defined below) governing your access to and use of the TITAN software and TITAN – Hoarding Systems^® application program interfaces (“TITAN – Hoarding Systems^®”) which TITAN may make available upon its website with URL address https://www.titanhoardings.com, and any other websites through which TITAN makes TITAN – Hoarding Systems^® available such as the Apple App Store or Google Play, our portal with URL address https://www.titanhoardings.com/national-installs/,  our mobile, tablet and other smart device applications, and application program interfaces (collectively referred to as the “Platform“). Our Policies applicable to your use of the Platform are incorporated by reference into this Agreement.

The term ‘TITAN’ or ‘us’ or ‘our’ or ‘we’ refers to Titan Hoarding Systems Australia Pty Ltd ACN 166 386 303, the owner of the Platform and TITAN – Hoarding Systems^®. The term ‘you’ or ‘your’ refers to the Platform user and user of TITAN – Hoarding Systems^®.

By continuing to use the Platform or TITAN – Hoarding Systems^®, you agree with the terms of our Privacy Policy.

If you do not agree with any of these terms and conditions, you must not use the Platform or  TITAN – Hoarding Systems^®.

1. Platform Conditions
   1. Information available for Registered Users

TITAN – Hoarding Systems^® made available through the Platform is an information service providing various tools, services, and functions that enables:

• registered users (“Users”) to view information and content concerning TITAN hoarding systems and products (“Content”); 
• Users to store information about their jobs, their clients and other information; and
• Users to receive marketing materials and endorsements from TITAN.

1. 2. Use of Content

To promote the Platform and TITAN Hoarding Systems^®, Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. 

To assist Users who speak different languages, Content may be translated, in whole or in part, into other languages. TITAN cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. 

The Platform and TITAN Hoarding Systems^® may contain translations powered by Google or other language translation providers. Google and other language translation providers (as appropriate) disclaim all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1. 3. Links to Third Party Information Services

The Platform may contain links to third-party websites or resources (“Third-Party Information Services”). Such Third-Party Information Services may be subject to different terms and conditions and privacy practices. TITAN is not responsible or liable for the availability or accuracy of such Third-Party Information Services, or the content, services, or products available from such Third-Party Information Services. Links to such Third-Party Information Services are not an endorsement by TITAN of such Third-Party Information Services.

1. 4. Availability of Platform and TITAN – Hoarding Systems^®

Due to the nature of the Internet, TITAN cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform or TITAN – Hoarding Systems^® supplied to you online where the services are supplied over communication links and other networks.  While we will do our best to make sure the online information services are available, we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that services supplied online will be continuously available.

TITAN may restrict the availability of the Platform or TITAN – Hoarding Systems^® or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. TITAN may improve, enhance and modify the Platform and introduce new TITAN – Hoarding Systems^® services from time to time at its sole discretion.

TITAN may restrict all or part of the Platform or TITAN – Hoarding Systems^® in certain designated geographical regions and enforce geo-block and other geographically-based restrictions on certain products and services at any time. TITAN may also restrict all or part of the Platform or TITAN – Hoarding Systems^® based on your approved access level and TITAN Account privileges.

2. Use of the Platform and TITAN – Hoarding Systems®
   1. Legal Capacity

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform or TITAN – Hoarding Systems^®. By accessing or using the Platform or TITAN – Hoarding Systems^® you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into this Agreement.

2. 2. Use of Platform by TITAN

TITAN may make access to and use of the Platform or TITAN – Hoarding Systems^®, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, purchase history, or other factors.

2. 3. No Responsibility for User Identity

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:

1. 1. • ask Users to provide a form of identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users;
      • screen Users against third party databases or other sources and request reports from service providers; and 
      • where we have sufficient information to identify a User, obtain reports from public records of criminal convictions (if available).

2. 4. Additional Terms and Conditions

Access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the later terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

2. 5. Agreement to Apple’s Licence Agreement

If you access or download TITAN – Hoarding Systems^® from the Apple App Store, you must agree to Apple’s Licensed Application End User License Agreement. 

2. 6. Agreement to Google’s Licence Agreement

If you access or download TITAN – Hoarding Systems^® from Google Play, you must agree to Google Play’s Terms of Service.

3. Modification of these Terms
   1. Modification to Terms

TITAN reserves the right, at any time and from time to time, to modify these Terms in accordance with this clause. If we make changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. You should periodically review these Terms on the Platform at each time you use TITAN – Hoarding Systems^®. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.

3. 2. Your Right of Termination

If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement after the revised Terms become effective, your continued access to or use of the Platform and TITAN – Hoarding Systems^® will constitute acceptance of the revised Terms.

4. Account Registration
   1. User Registration of Account

You must provide certain information to open an account (“TITAN Account“) to access and use certain features of TITAN – Hoarding Systems^®. If you are opening a TITAN Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4. 2. User’s Obligation to Provide Accurate Information

You must provide accurate, current and complete information during the registration process and keep your TITAN Account and information up-to-date at all times.

4. 3. Multiple User Accounts

You may not register more than one TITAN Account unless TITAN authorises you to do so. You may not assign or otherwise transfer your TITAN Account to another party.

You must not access data or use the Platform or TITAN – Hoarding Systems^® if you cease working for the company or other legal entity for which the TITAN Account was registered.

4. 4. User Responsible for Confidentiality

You are responsible for maintaining the confidentiality and security of your TITAN Account credentials and may not disclose your credentials to any third party. You must immediately notify TITAN if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your TITAN Account. You are liable for any and all activities conducted through your TITAN Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).

4. 5. Authorisation of Other Users

TITAN may enable features that allow you to authorise other Users or certain third parties to take certain actions that affect your TITAN Account. These features do not require that you share your credentials with any other person. No third party is authorised by TITAN to ask for your credentials, and you shall not request the credentials of another User.

5. Content
   1. Content Control

TITAN may, at its sole discretion, enable Users to:

• create, upload, post, send, receive and store content, such as text, documents, photographs, audio, video, or other materials and information on or through the Platform (“User Content“); and 
• access and view any content that TITAN itself makes available on or through TITAN – Hoarding Systems^®, including proprietary TITAN content and any content licensed or authorised for use by or through TITAN from a third party (“TITAN Content” and together with User Content, “Collective Content“).

5. 2. Intellectual Property Rights

The Platform, TITAN – Hoarding Systems^® and TITAN Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge and agree that the Platform, TITAN – Hoarding Systems^® and TITAN Content, including all associated intellectual property rights, are the exclusive property of TITAN and/or its licensors or authorising third-parties. 

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, TITAN – Hoarding Systems® or TITAN Content. 

All trademarks, service marks, logos, trade names, and any other source identifiers of TITAN used on or in connection with the Platform, TITAN – Hoarding Systems^® and TITAN Content are trademarks or registered trademarks of TITAN or its related body corporate’s in Australia and other countries. 

Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, TITAN – Hoarding Systems^®, TITAN Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You must not otherwise modify, copy, reproduce, republish, frame, upload to a third party, communicate to the public, transmit or distribute in any way any of the material on the Platform, including audio and video excerpts, except as expressly provided in these terms of use, or as permitted by the Copyright Act 1968 (Cth).

5. 3. Users Use of TITAN – Hoarding Systems® and Collective Content

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, TITAN – Hoarding Systems^® or Collective Content, except to the extent as expressly permitted in these Terms. 

No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TITAN or its licensors, except for the licenses and rights expressly granted in these Terms.

5. 4. Grant of Licence by TITAN

Subject to your compliance with these Terms, TITAN grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to:

1. 1. • download and or use TITAN – Hoarding Systems^® on your personal device(s); and 
      • access and view any Collective Content made available on or through TITAN – Hoarding Systems^® and accessible to you, solely for your personal and non-commercial use.

5. 5. Grant of Licence by Member

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Platform, you grant to TITAN a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable licence to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, transmit, and stream such User Content to provide the services under the Platform, in any media or platform. This clause survives termination of your Agreement with TITAN.

5. 6. Users Responsible for Content

You are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that:

1. 1. • you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licences, consents and releases that are necessary to grant to TITAN the rights in and to such User Content, as contemplated under these Terms; and
      • neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TITAN’s use of the User Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5. 7. User Content Suitability

You will not post, upload, publish, submit or transmit any User Content that: 

1. 1. • is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; 
      • is defamatory, obscene, pornographic, vulgar or offensive; 
      • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
      • is violent or threatening or promotes violence or actions that are threatening to any other person; 
      • promotes illegal or harmful activities or substances; or 
      • violates any other Policy. 

TITAN may, without prior notice, remove or disable access to any User Content that we find to be in violation of these Terms or our then-current Policies, or otherwise may be harmful or objectionable to us, our Members, third parties, or property.

5. 8. Infringement of Copyright

TITAN respects copyright law and expects its Users to do the same. 

TITAN will respond to claims of alleged copyright infringement committed using the Platform that are reported to us in accordance with this Policy.

6. Obligations for You
   1. Your Use of TITAN – Hoarding Systems®

You can only use the information you access from TITAN – Hoarding Systems^® for your own internal business use and for the purpose that we supply them for. You must not re-sell, re-package or otherwise re-use our information in any other way. 

If we deliver reports electronically, you can save them onto your system, or print them for your file. If you access our services by direct link and we deliver information to you by a stream of data you can copy the information onto your system and reprocess it, for example as part of your credit approval process. You agree that you will not reproduce, modify or adapt our reports and information in any other way. 

We have copyright in the compilation of the information we use to supply our information services to you, and in the reports we supply to you when you use our information services. 

We have developed information technology, software and documentation that we may use to provide the information services to you, and we have copyright and other rights in those items. You agree that you will not copy them, modify them, adapt them, reverse engineer them or infect them with viruses.

Subject to any additional terms described hereunder, all content accessible on TITAN – Hoarding Systems^® is made available under the Creative Commons Attribution 3.0 Australia (CC BY 3.0 AU). You agree to use TITAN – Hoarding Systems® in compliance with the CC BY 3.0 AU and must comply with is terms and conditions.

7. Prohibited Activities
   1. Your Responsibilities and Obligations

You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of TITAN – Hoarding Systems^®. In connection with your use of TITAN – Hoarding Systems®, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Policies;
• use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies TITAN endorsement, partnership or otherwise misleads others as to your affiliation with TITAN;
• copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with TITAN’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• use the Platform or TITAN – Hoarding Systems® in connection with the distribution of unsolicited commercial messages (“spam”);
• use, display, mirror or frame the Platform, TITAN – Hoarding Systems^® or Collective Content, or any individual element within the Platform, TITAN – Hoarding Systems^®, TITAN’s name, any TITAN trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform or TITAN – Hoarding Systems^®, without TITAN’s express written consent;
• dilute, tarnish or otherwise harm the TITAN brand in any way, including through unauthorised use of Collective Content, registering and/or using TITAN or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TITAN domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with TITAN – Hoarding Systems^® for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TITAN or any of TITAN’s providers or any other third party to protect the Platform or TITAN – Hoarding Systems^®;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or TITAN – Hoarding Systems^®;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform or TITAN – Hoarding Systems^®; or
• violate or infringe anyone else’s rights or otherwise cause harm or loss to anyone.

7. 2. No Obligation to Monitor User’s Use of Platform

You acknowledge and agree that TITAN has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any Member Content, but has the right to do so to, and to:

• operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
• ensure Members’ compliance with these Terms; 
• comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; 
• respond to Member Content that it determines is harmful or objectionable; or
• as otherwise set forth in these Terms and Policies. 

Users agree to cooperate with and assist TITAN in good faith, and to provide TITAN with such information and take such actions as may be reasonably requested by TITAN with respect to any investigation undertaken by TITAN or a representative of TITAN regarding the use, misuse or abuse of the Platform.

8. Term and Termination, Suspension and other Measures
   1. Term of Agreement

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or TITAN terminate the Agreement in accordance with this provision.

8. 2. Termination by User

You may terminate this Agreement at any time by sending us an email.

8. 3. Termination by TITAN

Without limiting our rights specified below, TITAN may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

TITAN may immediately, without notice terminate this Agreement if:

• you have materially breached your obligations under these Terms, Privacy Policy, or our Policies;
• you have violated applicable laws, regulations or third party rights; or
• TITAN believes in good faith that such action is reasonably necessary to protect the personal safety or property of TITAN, its Users, or third parties (for example in the case of fraudulent behaviour of a User).

8. 4. Additional Actions

If you:

• fail to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or
• have breached these Terms, the Privacy Policy, or our Policies, applicable laws, regulations, or third party rights; or
• have provided inaccurate, fraudulent, outdated or incomplete information during the TITAN Account registration or thereafter; or
• have repeatedly failed to respond to purchase requests without a valid reason; or 
• and TITAN believes in good faith that such action is reasonably necessary to protect the personal safety or property of TITAN, its Users, or third parties, or to prevent fraud or other illegal activity:

TITAN may take any of the following measures:

• limit your access to or use of the Platform and TITAN – Hoarding Systems^®;
• temporarily or permanently revoke any special status associated with your TITAN Account; or
• temporarily or in case of severe or repeated offenses permanently suspend your TITAN Account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by TITAN and an opportunity to resolve the issue to TITAN’s reasonable satisfaction.

8. 5. Effects of Termination

When this Agreement has been terminated, you are not entitled to a restoration of your TITAN Account. If your access to or use of the Platform or TITAN – Hoarding Systems^® has been limited or your TITAN Account has been suspended or this Agreement has been terminated by us, you may not register a new TITAN Account or access and use the Platform or TITAN – Hoarding Systems^® through a TITAN Account of another User.

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

9. Disclaimers
   1. Assumption of Risk

If you choose to use the Platform, TITAN – Hoarding Systems^® or Collective Content, you do so voluntarily and at your sole risk. The Platform, TITAN – Hoarding Systems^® and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

When we provide TITAN – Hoarding Systems^® to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may become out of date. 

9. 2. Adequate Opportunity to Investigate

You agree that you have had whatever opportunity you deem necessary to investigate TITAN – Hoarding Systems^®, laws, rules, or regulations that may be applicable to TITAN – Hoarding Systems^® you are receiving and that you are not relying upon any statement of law or fact made by TITAN relating to an information service.

You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply.

9. 3. Disclaimer

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

9. 4. Release

You agree to release and hold harmless TITAN from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to you arising from the use of TITAN – Hoarding Systems^® or in any way related to use of an information service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

10. Liability
    1. Risk

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform, TITAN – Hoarding Systems^® and Collective Content remains with you. 

10. 2. No Liability by TITAN

Neither TITAN nor any other party involved in creating, producing, or delivering the Platform, TITAN – Hoarding Systems^® or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or products, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:

• these Terms, Privacy Policy, or our Policies;
• from the use of or inability to use the Platform, TITAN – Hoarding Systems^® or Collective Content;

whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TITAN has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. 

10. 3. Limitation Of Liability

In no event will TITAN’s aggregate liability arising out of or in connection with these Terms and your use of the Platform and TITAN – Hoarding Systems^® including, but not limited to, from you use of any information service via TITAN – Hoarding Systems^®, or from the use of or inability to use the Platform, TITAN – Hoarding Systems^® or Collective Content and in connection with any information service, exceed one hundred Australian dollars (AUD$100). 

The limitations of damages set forth above are fundamental elements of the basis of the bargain between TITAN and you. 

10. 4. Third Party Liability

To the maximum extent permitted by law, TITAN has no liability to you or anyone else for any loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the use of this website or any of the content, even if TITAN has been advised of the possibility of such loss or damage, or such loss or damage was reasonably foreseeable.

This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

TITAN will not be liable to you for any indirect, incidental, special or consequential loss arising from or relating in any way to your use of the Platform or TITAN – Hoarding Systems^®, including loss of business profits.

11. Release and Indemnity

You agree to release, indemnify, and hold TITAN and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

1. 1. • Any information you give us that is not accurate, up to date or complete or is otherwise misleading;
      • Any misuse of TITAN – Hoarding Systems® or the information we supply you, including non-compliance with Creative Commons Attribution 3.0 Australia (CC BY 3.0 AU) in using TITAN – Hoarding Systems^®; 
      • your breach of this agreement, these Terms, Privacy Policy, or our Policies; 
      • your improper use of the Platform, TITAN – Hoarding Systems^® or any TITAN information services;
      • use of any information service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use; or
      • your breach of any laws, regulations or third party rights.

12. Dispute Resolution
    1. Condition Precedent

Subject to clause 12.2, as a condition precedent to the commencement of any litigation, if a dispute arises between parties to this Agreement, the parties agree to refer the dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC).

12. 2. Mediation

The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) in force at the date of this Agreement.  The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved, including the parties’ respective responsibilities for the payment of the mediator’s costs and other costs of the mediation.  Annexed at Schedule 1 of the Guidelines is the ACDC Mediation Appointment Agreement which is expressly incorporated in the Guidelines.  The Guidelines, including the ACDC Mediation Appointment Agreement, are incorporated in this Agreement.

12. 3. Injunction

At any time, nothing in this clause shall prevent a Party from seeking urgent equitable relief before an appropriate court.

13. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform or TITAN – Hoarding Systems^® (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

14. Applicable Law and Jurisdiction

This Agreement is made and governed by the law of Queensland, Australia.

Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and waives any objection to the venue of any legal process on the basis that the process has been brought in any inconvenient forum.

15. General Provisions
    1. Entire Understanding

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between TITAN and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TITAN and you in relation to the access to and use of the Platform and TITAN – Hoarding Systems^®.

15. 2. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and TITAN as a result of this Agreement or your use of the Platform or TITAN – Hoarding Systems^®.

15. 3. No Third Party Remedies

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to this Agreement.

15. 4. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remainder of this Agreement subsists and remains enforceable.

15. 5. Exercise of Remedies

TITAN’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

15. 6. Assignment

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without TITAN’s prior written consent. TITAN may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

15. 7. Notice

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by TITAN via email, Platform notification, or messaging service (including SMS). 

15. 8. Questions

If you have any questions about these Terms please email us.