These Terms of Service apply to the use of Pliny’s Service. By using the Service, you agree to the Terms of Service and enter into an agreement with Pliny. If you do not wish to agree to the Terms of Service, you cannot use the Service.
1.1 The Agreement shall come into force on the Effective Date.
1.2 Unless the parties expressly agree otherwise in writing, each Services Order Form shall create a distinct contract under these Terms of Service.
1.3 Except as otherwise specified in your Services Order Form, unless either party cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term. You will provide any notice of non-renewal through the means specified by us, which may include through account settings or contacting our support team. Cancelling your subscription means that you will not be charged for the next Subscription Term, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Services continuing to be offered by Pliny and will be charged at the then-current rates.
1.4 The Agreement continues until it is terminated in accordance with clause 16 or any other provision of these Terms of Service.
2. Cloud Services
2.1 Pliny shall provide, or shall ensure that the Platform will provide, to you on the Effective Date the Access Credentials necessary to enable you to access and use the Cloud Services.
2.2 Pliny hereby grants to you a worldwide, non-exclusive licence to use the Cloud Services by means of the User Interface and the API for your internal business purposes in accordance with the Documentation during the Term.
2.3 The licence granted by Pliny to you under clause 2.2 is subject to the following limitations:
(a) the User Interface may only be used through a Supported Web Browser; and
(b) the User Interface may only be used by the named users identified in the Services Order Form, providing that you may change, add or remove a designated named user in accordance with the user change procedure set out in the Service Specification or as otherwise notified to you by Pliny.
2.4 Except to the extent expressly permitted in these Terms of Service or required by law on a non-excludable basis, the licence granted by Pliny to you under clause 2.2 is subject to the following prohibitions:
(a) you must not sub-license your right to access and use the Cloud Services;
(b) you must not permit any unauthorised person or application to access or use the Cloud Services;
(c) you must not use the Cloud Services to provide services to third parties;
(d) you must not republish or redistribute any content or material from the Cloud Services;
(e) you must not make any alteration to the Platform, except as permitted by the Documentation; and
(f) you must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Cloud Services without the prior written consent of Pliny.
2.5 You shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no unauthorised person or application may gain access to the Cloud Services by means of the Access Credentials.
2.6 Other than for Pliny’s obligation to give you access to the Cloud Services, if any consents (which may include, without limitation, consents for Pliny to access use, store and disclose Your Data) are required for Pliny to provide the Services, you must procure those consents for Pliny. Pliny’s obligations to provide the Services are conditional on those consents having been procured. You shall comply with Pliny’s reasonable requests for confirmation of this.
2.7 Pliny shall use reasonable endeavours to maintain the availability of the Cloud Services to you, but does not guarantee 100% availability.
2.8 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of the Agreement:
(a) a Force Majeure Event;
(b) a fault or failure of the internet or any public telecommunications network;
(c) a fault or failure of your computer systems or networks;
(d) any breach of the Agreement by you; or
(e) scheduled maintenance carried out in accordance with the Agreement.
2.9 You must comply with the Acceptable Use Policy and must ensure that all persons using the Cloud Services with your authority or by means of the Access Credentials comply with the Acceptable Use Policy.
2.10 You must not use the Cloud Services in any way that causes, or may cause, damage to the Cloud Services or Platform or impairment of the availability or accessibility of the Cloud Services.
2.11 You must not use the Cloud Services in any way that uses excessive Platform resources and as a result is liable to cause a material degradation in the services provided by Pliny to its other customers using the Platform and you acknowledge that Pliny may use reasonable technical measures to limit the use of Platform resources by you for the purpose of assuring services to its customers generally.
2.12 You must not use the Cloud Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.13 For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
2.14 Pliny may suspend the provision of the Cloud Services if any amount due to be paid by you to Pliny under the Agreement is overdue, and Pliny has given to you at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Cloud Services on this basis.
3. Scheduled maintenance
3.1 Pliny may from time to time suspend the Cloud Services for the purposes of scheduled maintenance to the Platform, providing that such scheduled maintenance must be carried out in accordance with this clause 3.
3.2 Pliny shall where practicable give to you reasonable prior written notice of scheduled maintenance that will, or is likely to, affect the availability of the Cloud Services or have a material negative impact upon the Cloud Services.
4. Support Services
4.1 Pliny shall provide the Support Services to you during the Term.
4.2 Pliny shall provide the Support Services in accordance with the standards of skill and care reasonably expected from a leading service provider in Pliny's industry.
4.3 Pliny may suspend the provision of the Support Services if any amount due to be paid by you to Pliny under the Agreement is overdue, and Pliny has given to you at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
5. Your Data
5.1 You shall own all right, title and interest in and to Your Data.
5.2 You hereby grant to Pliny a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate Your Data to the extent reasonably required for the performance of Pliny's obligations and the exercise of Pliny's rights under the Agreement. You also grant to Pliny the right to sub-license these rights to its hosting, connectivity and telecommunications, and other service providers, subject to any express restrictions elsewhere in the Agreement.
5.3 You warrant to Pliny that Your Data when used by Pliny in accordance with the Agreement will not infringe the Intellectual Property Rights or other legal rights, including privacy rights, of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
6. Intellectual Property Rights
6.1 Pliny shall own and retain all right, title and interest in and to:
(a) the Services including the Cloud Services and the Platform, and all improvements, enhancements or modifications thereto;
(b) any software, applications, inventions or other technology developed in connection with the Cloud Services and the Support Services; and
(c) all Intellectual Property Rights related to any of the foregoing, except Intellectual Property Rights in Your Data as set out in clause 5.1.
6.2 Third party facilities, including software programs, may be necessary or appropriate for access to or use with the Services. You agree that your right to make any use of such facilities is governed by the terms of the relevant third party licence/services agreement and not by this Agreement.
6.3 Notwithstanding anything to the contrary in this Agreement, Pliny shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, Your Data and data derived therefrom), and Pliny will be free (during and after the Term) to:
(a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Pliny offerings, and
(b) disclose such data in aggregate or other de-identified form in connection with its business.
6.4 No rights or licenses are granted except as expressly set out in this Agreement.
7.1 You shall pay the Charges (including the Subscription Fee) at the rate and in the manner specified in the Services Order Form and otherwise in accordance with these Terms of Service.
7.2 If the Charges are based in whole or part upon the time spent by Pliny performing the Services, Pliny must obtain your written consent before performing Services that result in any estimate of time-based Charges given to you being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless you agree otherwise in writing, you shall not be liable to pay to Pliny any Charges in respect of Services performed in breach of this clause 7.2.
7.3 If you dispute the whole or any portion of an invoice submitted by Pliny, you shall pay the portion of the amount stated in the invoice which is not in dispute and shall notify Pliny in writing (within seven days of receipt of invoice) of the reasons for disputing the remainder of the invoice. If it is resolved that some or all of the amount in dispute ought properly to have been paid at the time it was first invoiced, then you shall pay the amount finally resolved together with interest on that amount in accordance with the terms of payment set out in this Agreement.
7.4 Where applicable, any goods or services tax, charge, impost or duty payable in respect of this Agreement or the supply of any goods or services made under or in respect of this Agreement and any other taxes, duties or levies will be paid by you at the then-prevailing rate.
8.1 Pliny shall issue invoices for the Charges to you in advance of the period to which they relate or as otherwise set out in the Services Order Form.
8.2 You must pay the Charges to Pliny within the period of 30 days following the receipt of an invoice issued in accordance with this clause 8, providing that the Charges must in all cases be paid before the commencement of the period to which they relate unless otherwise specified on the Services Order Form.
8.3 You must pay the Charges using such payment details as are notified by Pliny to you from time to time.
8.4 Unpaid amounts are subject to an interest charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.
9.1 A party shall not, without the prior written approval of the other party, disclose the other party's Confidential Information.
9.2 A party shall not be in breach of clause 9.1 for any uses or disclosures of Confidential Information which:
(a) are required by law;
(b) are to related companies, advisers, contractors, auditors or insurers; or
(c) have become public knowledge other than through its wrongful act or omission.
9.3 This clause shall survive the termination of this Agreement.
10. Data protection and privacy
10.2 Pliny may provide the Services from any locations, and/or through the use of contractors, worldwide.
10.3 Without limiting clauses 2.6 and 13.3, you agree to provide any information, and to obtain any consents, relevant to its use of the Services and Platform, including those in relation to the collection, use, disclosure and storage of personal information of any individual whose personal information may be included in Your Data.
10.4 You warrant to Pliny that you have the legal right to disclose all Personal Data that you do in fact disclose to Pliny under or in connection with the Agreement.
11.1 Pliny warrants to you that:
(a) Pliny has the legal right and authority to enter into the Agreement and to perform its obligations under these Terms of Service;
(b) Pliny will comply with all applicable legal and regulatory requirements applying to the exercise of Pliny's rights and the fulfilment of Pliny's obligations under these Terms of Service; and
(c) Pliny has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms of Service.
11.2 Pliny warrants to you that:
(a) the Platform and Cloud Services will conform in all material respects to the Service Specification;
(b) the Cloud Services will be free from Cloud Services Defects; and
(c) the Platform will incorporate security features reflecting the requirements of good industry practice.
11.3 Pliny warrants to you that the Cloud Services, when used by you in accordance with these Terms of Service, will not breach any laws, statutes or regulations applicable under Australian law.
11.4 Pliny warrants to you that the Cloud Services, when used by you in accordance with these Terms of Service, will not infringe the Intellectual Property Rights of any person.
11.5 If Pliny reasonably determines, or any third party alleges, that the use of the Cloud Services by you in accordance with these Terms of Service infringes any person's Intellectual Property Rights, Pliny may at its own cost and expense:
(a) modify the Cloud Services in such a way that they no longer infringe the relevant Intellectual Property Rights; or
(b) procure for you the right to use the Cloud Services in accordance with these Terms of Service.
11.6 You warrant to Pliny that you have the legal right and authority to enter into the Agreement and to perform your obligations under these Terms of Service.
11.7 All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms of Service. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
12. Acknowledgements and warranty limitations
12.1 You acknowledge that complex software is never wholly free from defects, errors and bugs and subject to the other provisions of these Terms of Service, Pliny gives no warranty or representation that the Cloud Services will be wholly free from defects, errors and bugs.
12.2 You acknowledge that complex software is never entirely free from security vulnerabilities and subject to the other provisions of these Terms of Service, Pliny gives no warranty or representation that the Cloud Services will be entirely secure.
12.3 You agree that you have sole responsibility for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights ownership in all Your Data. You also agree that there are limitations to the Platform’s and Cloud Services’ ability to assist in your business. You agree that the Platform and the Cloud Services do not detect faulty or aberrant input data, do not take into account all of 7 the matters that should be considered in decision making regarding matters of relevance to your business and should not be used as a substitute for your independent and appropriately qualified decisions regarding matters of relevance to your business. This includes but is not limited to any and all clinical decisions relating to Your Data or the Services. You warrant that you will not make or permit any access to or use of the Platform or Services unless you have in place appropriate strategies, in addition to (and not reliant on) your use of the Platform and Services to manage all risks attendance on your business.
12.4 You acknowledge that the Cloud Services are designed to be compatible only with that software and those systems specified as compatible in the Service Specification and Pliny does not warrant or represent that the Cloud Services will be compatible with any other software or systems.
12.5 You acknowledge that Pliny will not provide any legal, financial, accountancy or taxation advice under these Terms of Service or in relation to the Cloud Services and, except to the extent expressly provided otherwise in these Terms of Service, Pliny does not warrant or represent that the Cloud Services or the use of the Cloud Services by you will not give rise to any legal liability on the part of you or any other person.
13. Limitations and exclusions of liability
13.1 Nothing in these Terms of Service will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this clause 13 and elsewhere in these Terms of Service:
(a) are subject to clause 13.1; and
(b) govern all liabilities arising under the Agreement or relating to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Service.
13.3 Pliny shall not be liable to you under this Agreement or otherwise if and to the extent your access to or use of any Services is contrary to any obligations, including those owed under contract or any laws.
13.4 Pliny shall not be liable to you in respect of any losses arising out of a Force Majeure Event.
13.5 Pliny shall not be liable to you in respect of any special, indirect or consequential loss or damage, including but not limited to any loss of profits or anticipated savings, any loss of revenue or income, any loss of use or production, any loss of business, contracts or opportunities, and any loss or corruption of any data, database or software.
13.6 The liability of Pliny to you under the Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by you to 8 Pliny under the Agreement in the 12-month period preceding the commencement of the event or events.
13.7 The aggregate liability of Pliny to you under the Agreement shall not exceed the total amount paid and payable by you to Pliny under the Agreement.
14.1 Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators & Mediators Australia. During such arbitration, both parties may be legally represented.
14.2 Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court.
15. Force Majeure Event
15.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
15.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Agreement, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
15.3 A party whose performance of its obligations under the Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
16.1 Either party may terminate the Agreement by giving to the other party at least 30 days' written notice of termination.
16.2 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms of Service.
16.3 Subject to applicable law, either party may terminate the Agreement immediately by giving written notice of termination to the other party if:
(a) the other party: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; or (iv) is or becomes insolvent or is declared insolvent.
(b) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or
(c) if that other party is an individual: (i) that other party dies; (ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or (iii) that other party is the subject of a bankruptcy petition or order.
16.4 If you request, and subject to you having discharged all of your obligations under this Agreement, Pliny shall, within one month after termination or expiry of this Agreement, provide you with a file containing Your Data, subject to your payment of Pliny’s reasonable costs.
16.5 You agree and acknowledge that Pliny has no obligation to retain any information relating to you (including Your Data) and that all such information may be irretrievably deleted by Pliny after one month from the date of any suspension, termination or expiry of this Agreement.
17. Effects of termination
17.1 Upon the termination of the Agreement, all of the provisions of these Terms of Service shall cease to have effect, save that the following provisions of these Terms of Service shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): clauses 2.13, 8.2, 8.4, 9, 10, 13, 17, 20, 21, and 22.
17.2 Except to the extent expressly provided otherwise in these Terms of Service, the termination of the Agreement shall not affect the accrued rights of either party.
17.3 Within 30 days following the termination of the Agreement for any reason you must pay to Pliny any Charges in respect of Services provided to you before the termination of the Agreement and otherwise payable under this Agreement, without prejudice to the parties' other legal rights.
18.1 Any notice from one party to the other party under these Terms of Service must be given by one of the following methods using the relevant contact details set out in the Services Order Form (or such alternative contact details notified under clause 18.2):
(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery;
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received two Business Days following posting; or
(c) set by email, in which case the notice shall be deemed to be received at the time the email message is sent, unless: (i) the sender receives automated email notification that the email transmission has failed or has been delayed within 12 hours of sending the notice; or (ii) the sender receives automated email notification to the effect that the recipient is not likely to receive the notice until a later date, which will then become the deemed date of receipt, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
18.2 The addressee and contact details set out in the Services Order Form may be updated from time to time by a party giving written notice of the update to the other party in accordance with this clause 18.
19.1 Subject to any express restrictions elsewhere in these Terms of Service, Pliny may subcontract any of its obligations under the Agreement.
19.2 Pliny shall remain responsible to you for the performance of any subcontracted obligations.
19.3 You acknowledge and agree that Pliny may subcontract to any reputable third party hosting business the hosting of the Platform and the provision of services in relation to the support and maintenance of elements of the Platform.
20.1 No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.
20.2 If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
20.3 The Agreement may not be varied by you except by a written document signed by or on behalf of each of the parties.
20.4 Pliny may modify these Terms of Service from time to time, by notice to you in accordance with clause 18 or by posting the modified Terms of Service on the Website.
20.5 Pliny may assign Pliny's contractual rights and obligations under the Agreement to any any third party. Save to the extent expressly permitted by applicable law, you must not without the prior written consent of Pliny assign, transfer or otherwise deal with any of your contractual rights or obligations under the Agreement.
20.6 The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
20.7 Subject to clause 13.1, a Services Order Form together with these Terms of Service and any Schedules shall constitute the entire agreement between the parties in relation to the subject matter of that Services Order Form, and shall 11 supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
20.8 The Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.
20.9 The courts of Victoria, Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.
In these Terms of Service, except to the extent expressly provided otherwise:
"Acceptable Use Policy" means the Acceptable Use Policy for use of the Platform made available on the Website or as otherwise provided to you by Pliny;
"Access Credentials" means the usernames, passwords and other credentials enabling access to the Cloud Services, including both access credentials for the User Interface and access credentials for the API; "Agreement" means a contract between the parties incorporating these Terms of Service, and any amendments to that contract from time to time; "API" means the application programming interface for the Cloud Services defined by Pliny and made available by Pliny to you; "Business Day" means any weekday other than a bank or public holiday in Melbourne, Australia; "Business Hours" means the hours of 09:00 to 17:00 AET on a Business Day; "Charges" means the following amounts:
(a) the Subscription Fee; and
(b) provided that Pliny has met the requirements set out in clause 7.2, amounts calculated by multiplying Pliny's standard time-based charging rates (as notified by Pliny to you and updated by Pliny from time to time) by the time spent by Pliny's personnel performing the specified Services; "Cloud Services" means the Pliny system, as specified in the Service Specification, which will be made available by Pliny to you as a service via the internet in accordance with these Terms of Service; "Cloud Services Defect" means a defect, error or bug in the Platform having a material adverse effect on the appearance, operation, functionality or performance of the Cloud Services, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of yours or any person authorised by you to use the Platform or Cloud Services;
(b) any use of the Platform or Cloud Services contrary to the Documentation, whether by you or by any person authorised by you;
(c) a failure of yours to perform or observe any of your obligations in the Agreement; and/or 12
(d) an incompatibility between the Platform or Cloud Services and any other system, network, application, program, hardware or software not specified as compatible in the Service Specification; "Confidential Information" means, in your case, Your Data, and in the case of Pliny includes:
(a) information relating to the Cloud Services and the Platform;
(b) information relating to the personnel, policies, business, systems and data of Pliny; and
(c) information relating to the terms on which the Services are to be provided to Customer pursuant to this Agreement; "Documentation" means the documentation for the Cloud Services produced by Pliny and delivered or made available by Pliny to you, including such updated documentation as may be issued by Pliny from time to time; "Effective Date" means the date upon which the parties execute a hard-copy Services Order Form, or, following you completing and submitting the online Services Order Form published by Pliny on Pliny's website, the date upon which Pliny sends to you an order confirmation, as the case may be; "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars); "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs); "Platform" means the platform managed by Pliny and used by Pliny to provide the Cloud Services, including the application and database software for the Cloud Services, the system and server software used to provide the Cloud Services, and the computer hardware on which that application, database, system and server software is installed; "Pliny" means Pliny Services Pty Ltd (ACN 644 483 616); "Services" means any services that Pliny provides to you, or has an obligation to provide to you, under these Terms of Service; "Services Order Form" means an online order form published by Pliny and completed and submitted by you, or a hard-copy order form signed or otherwise agreed by or on behalf of each party, in each case incorporating these Terms of Service by reference; "Service Specification" means the specification for the Platform and Cloud Services set out in the Services Order Form and in the Documentation, including such updates as may be issued by Pliny from time to time; 13 "Subscription Fee" means the fee payable by you for your subscription to receive the Services during the Subscription Term set out in the Services Order Form; "Subscription Term" means each of: (a) the initial subscription term specified in the Services Order Form, and (b) each subsequent equivalent term as provided for in clause 1.21.3; "Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Cloud Services, but shall not include the provision of training services; "Supported Web Browser" means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that Pliny agrees in writing shall be supported; "Term" means the term of the Agreement, commencing in accordance with clause 1.1 and ending in accordance with clause 1.4; "Terms of Service" means all the documentation containing the provisions of the Agreement, namely the Services Order Form, the main body of these Terms of Service and the Schedules, including any amendments to that documentation from time to time; "User Interface" means the interface for the Cloud Services designed to allow individual human users to access and use the Cloud Services; "Website" means Pliny’s website at www.pliny.com.au and any successor website nominated by Pliny from time to time; "you" means the person or entity identified as the customer in the Services Order Form; "Your Data" means all data, works and materials: supplied by you to Pliny or to which access is given by you to Pliny; uploaded to or stored on the Platform by you; transmitted by the Platform at your instigation; supplied by you to Pliny for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Cloud Services by you (but excluding analytics data relating to the use of the Platform and server log files). 22. Interpretation 22.1 In these Terms of Service, a reference to a statute or statutory provision includes a reference to: (a) that statute or statutory provision as modified, consolidated and/or reenacted from time to time; and (b) any subordinate legislation made under that statute or statutory provision. 22.2 The clause headings do not affect the interpretation of these Terms of Service. 22.3 In these Terms of Service, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.