Somage
These are the Terms of Use that govern your use of the Somage Projects Platform. They're meant to be pretty simple. As you progress through the Platform you might also be offered an opportunity to enter into a Non-Disclosure Agreement with us, and if we do proceed with a project together then we'll also have to enter into further agreements, such as a Development Agreement or Production Agreement. Any of those agreements that are entered into will take priority over these Terms of Use.
Access to the Platform isn’t a service we’re providing to you. It’s just a means of communication with us that we make available to you for the sake of efficiency.
You having access to the Platform or providing information via the Platform doesn't oblige either of us to proceed with any project. The initial purpose of the Platform is to streamline the process of communicating and seeing whether we're suited to work together. Apart from these Terms of Use, no contract will exist between us and neither of us will be entitled to rely on any statements made by the other or expectations about what the other will do (except to the extent some future, formal agreement or these Terms of Use say so).
We will not intentionally disclose any of your information we should realise is confidential unless it's already public, we already knew it and were free to disclose it or the law requires us to disclose it (but you acknowledge that there are no guarantees against inadvertent disclosure, such as data breaches). Similarly, you must not intentionally disclose any of our information you should realise is confidential unless it's already public, you already knew it and were free to disclose it or the law requires you to disclose it (but we acknowledge that there are no guarantees against inadvertent disclosure, such as data breaches).
Because we're in the business of producing a wide range of food and beverage products for ourselves and other businesses, at this stage we can't promise that we won't pursue an idea that's the same as or similar to yours or use a recipe that's the same as or similar to yours. There are just too many similar ideas and similar recipes out there for us to promise this to everyone who uses the Platform, and even if we end up promising something along these lines in a Non-Disclosure Agreement we'll need to be very careful about what is and isn't in that promise. If there is anything you don't want to tell us without entering into a Non-Disclosure Agreement then please just indicate that in your answers. If you have some specific, unusual issue we all need to navigate around before a Non-Disclosure Agreement then please also feel free to get in touch with us via create@somage.com.au.
The terms of any arrangements we propose, including in any Non-Disclosure Agreement or Development Agreement or other contract (even if it's not entered into), are confidential.
We don't make any commitment that the Platform will remain available, won't be interrupted, will be free from defects or bugs or malware, won't change or will meet your requirements. You're given access to it on an 'as is, as available' basis only. You should not rely on the Platform to store information that is important to you, as information may be deleted or access may be withdrawn at any time; make sure you keep independent records of all your information.
We don't obtain intellectual property rights in anything you upload to the Platform, and you don't obtain intellectual property rights in the Platform or anything we communicate to you via it. You must not upload to the Platform anything which infringes anyone else's intellectual property rights.
You must not make the Platform available to any third person. You must not access or attempt to access any information or functionality that the Platform is not intended to give you access to, you and must not access the Platform to reverse engineer it or to build a platform or service providing similar functionality. You must not copy the functionality, look or feel or any other aspect of the Platform. You may access the Platform to only provide information to us on a bona-fide basis.
The 'Platform' means the communications functionality provided by our website in relation to projects which you wish to pursue, and any communications we have on those topics via chat or email or any similar channel will be deemed to have been made over the Platform (so that, e.g., where these terms say you shouldn't upload anything that infringes anyone's Intellectual Property Rights to the Platform that means you also shouldn't email it to us). Our website Terms or Service and our Privacy Policy also apply to your use of the Platform. Our relationship and these terms are governed by the law of Victoria, Australia.