Terms and Conditions (Superseded)
"These terms and conditions only apply to contracts and quotes which contain a reference to this url 'tc.luciditysoftware.com.au'. Please refer to your signed contract/proposal for your relevant terms. For the avoidance of doubt, these are not the current Lucidity Terms and Conditions."
Whilst CRUSE Partnership Australia (the “Contractor”) will take all reasonable steps to ensure that it provides the programming, consulting and software services and software applications (“Products and Services”) described in this contract or quotation in a professional and competent manner, it is an essential pre-condition of engaging CRUSE Partnership Australia that the Client agrees and accepts that CRUSE Partnership Australia is not legally responsible for any loss or damage that the Client might suffer in relation to the Products and Services, whether from errors, omissions, loss of information, loss of data, inability to access data or from any other consequence of the Products and Services provided.
To the fullest extent permitted by law the Contractor is not liable for any negligent act or omission in providing the Products and Services and shall not be responsible for any special or consequential or economic loss that results from the Products and Services provided. In the event that the law does not permit the Contractor to exclude itself from all liability in relation to any loss suffered by the Client in the provision of the Products and Services pursuant to this contract or quotation, then the Contractor’s liability is agreed as being limited to a sum equal to that paid to the Contractor in any calendar year as a result of this contract or quotation.
The Contractor grants the Client a nonexclusive, non-transferable licence to use the Products and Services. The Client must not alter or remove a copyright statement or other notice of ownership of intellectual property rights which accompanies the Products and Services, assign, sublicense, sell, transfer, resell or trade its license to use the Products and Services, or otherwise make the Products and Services available to any third party. The Products and Services shall at all times remain the property of the Contractor.
Software subscriptions are considered to commence at the earlier of: (1) completion of Administrator training following the build of the client instance of the software, or (2) one week after the build of the client instance of the software. The amount of the software subscription is adjusted at the commencement of the second 12 month subscription period and annually thereafter based on the Australian Government published CPI.
The Lucidity software license is limited to the number of users as specified in the proposal, as measured by the sum of all ‘Active’ people entered into Lucidity Human Resources. Archived people do not contribute towards calculation of the number of users. The Lucidity e-learning software license is limited to 50,000 individual inductions or e-learning deliveries per annum. Each User can simultaneously log into the Lucidity App on up to 2 devices.
Unless stated in this proposal, this offer is for all products and services specified as a whole. Individual products or services, regardless of whether they are priced or itemised individually within the proposal, cannot be purchased separately or excluded unless that option is explicitly offered in the proposal.
There is no termination cost associated with ceasing a subscription, however the current subscription period (within which notice was given) must be completed. Clients are able to download data at the end of a subscription from Lucidity via the reporting and exporting features built into the software. There may be a cost for Lucidity to provide data in a format other than those available through the software (should this be required).