Terms & Conditions

Terms of Use of Demo Website and Mobile Application

1. Acceptance of the Terms of Use

The Terms of Use apply to the demonstration services available on the BAXE Demo Website (the Demo Website) and Demo Mobile Application (the Mobile App) where these Terms of Use are presented, including any Intellectual Property (as defined below) therein (the “Demo Website & Mobile Application”). 

By accessing or using the Demo Website or Mobile App, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Demo Website or Mobile App.

2. Access

BAXE reserves the right to terminate or modify the Demo Website and Mobile App in whole or in part, in any manner at its sole discretion, without notice. BAXE will not be liable if, for any reason, all or any part of the Demo Website or Mobile App is unavailable at any time or for any period. From time to time, BAXE may restrict access to all or part of the Demo Website or Mobile App to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Demo Website and Mobile App.

You shall use the Demo Website exclusively to test and evaluate the service, and you shall access it only through the registration portal, regardless of any previous registration or access. To access portions of the Demo Website or certain resources, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Demo Website and Mobile App, and you hereby represent and warrant, that all information you provide is correct, current and complete. You agree that you are solely responsible to BAXE for all activities identified with your access and registration. BAXE has the absolute right to disable any username or password, at any time, for any reason, including, if in BAXE’s sole discretion BAXE believes that you have failed to comply with any provision of these Terms of Use.

3. Prohibited Uses

You agree not to access or use (and shall not permit others to access or use) the Demo Website, Mobile App or Intellectual Property in any manner:

Other than for product evaluation purposes (specifically excluding product demonstration, development, or any production or commercial purposes);

To license, sub‑license, sell, re‑sell, rent, lease, transfer, distribute or time share or otherwise make them available for access by third parties;

To disassemble, reverse engineer, decompile or modify them or otherwise create derivative works of them;

To access them for the purpose of developing a product or service that competes with BAXE;

To use them to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act;

To disrupt their security, integrity or operation;

To remove or modify a copyright or other proprietary rights notice in them;

To use them to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner;

To use them to damage the property of another;

That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws;

That temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any BAXE or third party data, software or network;

To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

To monitor or attempt to gain unauthorized access to: (1) an account or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) e‑mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).

That is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user, ServiceNow or a ServiceNow employee; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.

To monitor or copy materials on the Demo Website for any unauthorized purpose or access the Demo Website via any automatic device, process or means of access such as a robot or spider.

That may have a detrimental effect on the Demo Website’s function, user interaction or security, including but not limited to: (1) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging overburdening or impairing the Demo Website or any server, computer or database connected to or accessed by the Demo Website; (4) modifying, blocking or otherwise interfering with the display of the Demo Website; (5) interfering with another user’s ability to access, use and enjoy the Demo Website; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Demo Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (8) performing, without ServiceNow’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Demo Website, including without limitation the Community Services; and (9) engaging in any activities that results in any server being the target of a denial of service attack.

4. Intellectual Property 

BAXE is the owner/licensor of all intellectual property rights in the Demo Website, the Mobile App and all information and material published on both platforms. Such information/material is subject to copyright, trademarks, database rights and other intellectual property rights belonging to BAXE or their respective third-party owners.

Permitted use of the Demo Website and Mobile App does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Demo Website or Mobile App and the framing of any content available through the Demo Website or Mobile App uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose an unreasonable or disproportionately large load on One Network Solutions Intl LTD infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by One Network Solutions Intl LTD to prevent or restrict access to the Demo Website or Mobile App.

You may not, without BAXE’s prior consent, copy, sell, reproduce, publish, modify or distribute any of the content published, displayed or performed on the Demo Website or Mobile App, or systematically extract such content or in any way use or exploit any such content.

5. Disclaimer of Warranties                                              

You hereby acknowledge and agree that:

The Demo Website and Mobile App are provided for demonstration purposes only and no representations are to be construed from the Demo Website or Mobile App or the content displayed therein;

BAXE does not make any warranty that the Demo Website or Mobile App will always be accessible or that access will be error-free, uninterrupted, or that any files or data downloaded from the Demo Website or Mobile App will be free of viruses and other harmful software;

BAXE will not be liable to any user for any loss or damage arising out of or in connection with the use or inability to use the Demo Website or Mobile App, or use of or reliance on any content displayed on the Demo Website or Mobile App;

BAXE will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the user’s computer equipment, computer programs, data or other proprietary material due to the user’s use of the Demo Website or Mobile App or the user’s downloading of any content on the Demo Website or Mobile App; 

The user/Licensee is responsible for configuring their information technology, computer programmes and platform in order to access the Demo Website or Mobile App and any linked websites and is responsible for implementing their own virus protection software; and 

The user must not misuse the Demo Website or Mobile App or any linked websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

6. Limitation of Liability

Except to the extent that a disclaimer of liability is prohibited under applicable law, you hereby agree that in no event will BAXE, its directors, officers, employees, affiliates and agents be liable to you, whether in contract, tort (including negligence), equity, breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with your use of, or inability to use, the Demo Website or Mobile App.

7. Indemnification

You hereby agree to fully indemnify and release BAXE from any damage, loss, death, illness or injury incurred or suffered by you resulting from your violation of these Terms of Use or your use of the Demo Website or Mobile App, including, without limitation, any use of the Demo Website or Mobile App's content, services and products or your use of any information obtained from the Demo Website or Mobile App.

8. Governing Law and Jurisdiction

These Terms of Use, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of Queensland, and the parties submit to the exclusive jurisdiction of the courts of Queensland.

9. Waiver

A waiver of any right under these Terms of Use must be provided in writing and shall not be deemed to be a waiver of any subsequent breach or default. 

No failure or delay by a party in exercising any right or remedy under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Unless specifically provided otherwise, rights arising under these Terms of Use are cumulative and do not exclude rights provided by law.

10. Severability

If a court or any other competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be severed, and the validity and enforceability of the other provisions of these Terms of Use shall remain in force.

If any invalid, unenforceable or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11. Entire Agreement 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BAXE with respect to the Demo Website and Mobile App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.