- About the Website
- Welcome to https://www.keplersoft.com/ ('Website'). The Website Provides multiple services
like digital marketing, web design and development, graphic design etc.
- The Website is operated by POSITIVE TRADE PTY LTD trading as Keplersoft PTY LTD (ABN 54
382 750) . Access to and use of the Website, or any of its associated Products or
provided by POSITIVE TRADE PTY LTD trading as Keplersoft. Please read these terms and
conditions ('Terms') carefully. By using, browsing and/or reading the Website, this
that you have read, understood and agree to be bound by the Terms. If you do not agree
the Terms, you must cease usage of the Website, or any of Services, immediately.
- POSITIVE TRADE PTY LTD trading as Keplersoft reserves the right to review and change any
the Terms by updating this page at its sole discretion. When POSITIVE TRADE PTY LTD
Keplersoft updates the Terms, it will use reasonable endeavours to provide you with notice
updates to the Terms. Any changes to the Terms take immediate effect from the date of
publication. Before you continue, we recommend you keep a copy of the Terms for your
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking
accept or agree to the Terms where this option is made available to you by POSITIVE TRADE PTY
LTD trading as Keplersoft in the user interface.
- Copyright and Intellectual Property
- The Website, the content and all of the related products of POSITIVE TRADE PTY LTD trading
as Keplersoft are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the content and compilation of the Website
(including but not limited to text, graphics, logos, button icons, video images, audio
clips, Website, code, scripts, design elements and interactive features) or the content
are owned or controlled for these purposes, and are reserved by POSITIVE TRADE PTY LTD
trading as Keplersoft or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by
POSITIVE TRADE PTY LTD trading as Keplersoft, who grants to you a worldwide,
non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in
your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
POSITIVE TRADE PTY LTD trading as Keplersoft does not grant you any other rights
in relation to the Website or the content. All other rights are expressly reserved by
POSITIVE TRADE PTY LTD trading as Keplersoft.
- POSITIVE TRADE PTY LTD trading as Keplersoft retains all rights, title and interest in and
to the Website and all related content. Nothing you do on or in relation to the Website
will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or
industrial design, or
- a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process), to
- You may not, without the prior written permission of POSITIVE TRADE PTY LTD trading as
Keplersoft and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the content or third party content for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the Website,
which are freely available for re-use or are in the public domain.
POSITIVE TRADE PTY LTD trading as Keplersoft takes your privacy seriously and any information
provided through your use of the Website and/or content are subject to POSITIVE TRADE PTY LTD
- General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
under them) which by law may not be limited or excluded.
- Subject to this clause 5, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not
stated in the Terms are excluded; and
- POSITIVE TRADE PTY LTD trading as Keplersoft will not be liable for any special,
or consequential loss or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee), loss of profit
opportunity, or damage to goodwill arising out of or in connection with the content or
Terms (including as a result of not being able to use the content or the late supply
content), whether at common law, under contract, tort (including negligence), in
pursuant to statute or otherwise.
- Use of the Website and the content is at your own risk. Everything on the Website and the
content is provided to you "as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of POSITIVE TRADE PTY LTD trading as Keplersoft make any express or implied
representation or warranty about the content or any products or content (including the
products or content of POSITIVE TRADE PTY LTD trading as Keplersoft) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer as a
of any of the following:
- 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
destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the content,
any of its content related products (including third party material and advertisements
- costs incurred as a result of you using the Website, the content or any of the
POSITIVE TRADE PTY LTD trading as Keplersoft; and
- the content or operation in respect to links which are provided for your
- Limitation of liability
POSITIVE TRADE PTY LTD trading as Keplersoft's total liability arising
connection with the content or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the resupply of
the content to you.
You expressly understand and agree that POSITIVE TRADE PTY LTD trading as Keplersoft, its
affiliates, employees, agents, contributors and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which may be incurred
by you, however caused and under any theory of liability. This shall include, but is not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill
or business reputation and any other intangible loss.
You acknowledge and agree that POSITIVE TRADE PTY LTD trading as Keplersoft holds no
liability for any direct, indirect, incidental, special consequential or exemplary damages
which may be incurred by you as a result of providing your content to the Website.
- Termination of Contract
- If you want to terminate the Terms, you may do so by providing POSITIVE TRADE PTY LTD
trading as Keplersoft with 30 days' notice of your intention to terminate by sending
your intention to terminate to POSITIVE TRADE PTY LTD trading as Keplersoft via the
Us' link on our homepage.
- POSITIVE TRADE PTY LTD trading as Keplersoft may at any time, terminate the Terms with
- you have breached any provision of the Terms or intend to breach any provision;
- POSITIVE TRADE PTY LTD trading as Keplersoft is required to do so by law;
- POSITIVE TRADE PTY LTD trading as Keplersoft is transitioning to no longer providing
Services to Members in the country in which you are resident or from which you use the
- the provision of the Services to you by POSITIVE TRADE PTY LTD trading as Keplersoft,
in the opinion of POSITIVE TRADE PTY LTD trading as Keplersoft, no longer commercially
- Subject to local applicable laws, POSITIVE TRADE PTY LTD trading as Keplersoft reserves
the right to discontinue or cancel your access at any time and may suspend or deny, in its
sole discretion, your access to all or any portion of the Website or the Services without
notice if you breach any provision of the Terms or any applicable law or if your conduct
impacts POSITIVE TRADE PTY LTD trading as Keplersoft's name or reputation or violates the
rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that
you and POSITIVE TRADE PTY LTD trading as Keplersoft have benefitted from, been subject to
which have accrued over time whilst the Terms have been in force) or which are expressed
continue indefinitely, shall be unaffected by this cessation, and the provisions of this
clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify POSITIVE TRADE PTY LTD trading as Keplersoft, its affiliates,
employees, agents, contributors, third party content providers and licensors from and
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of
connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the
or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any
or Court proceedings in relation to the dispute, unless the following clauses have been
complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute
by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has
been resolved, the Parties must either agree upon selection of a mediator or request
appropriate mediator be appointed by the President of the Administrative Appeals
his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and
cost of the venue of the mediation and without limiting the foregoing undertake to pay
amounts requested by the mediator as a pre-condition to the mediation commencing. The
must each pay their own costs associated with the mediation;
- The mediation will be held in Brisbane, Australia.
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent
must be treated as "without prejudice" negotiations for the purpose of applicable laws
- Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute
been resolved, either Party may ask the mediator to terminate the mediation and the
must do so.
- Venue and Jurisdiction
The Services offered by POSITIVE TRADE PTY LTD trading as Keplersoft is intended to be viewed
by residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the courts
of Queensland, Australia.
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and
the rights created hereby shall be governed, interpreted and construed by, under and pursuant
to the laws of Queensland, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their successors and
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and
both parties having taken the opportunity to obtain independent legal advice and declare the
Terms are not against public policy on the grounds of inequality or bargaining power or
general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.