IMPORTANT LEGAL INFORMATION

In these terms, conditions and privacy, ASKJOHN is INVIDIA CORPORATION PTY LIMITED ABN 72 071 316 517 trading as ASKJOHN.

 

Where you see SUPPORT, this also means any advice, recommendations or views provided by ASKJOHN.

 

Where you see SERVICE PLAN, this also means any ad-hoc or one-off SUPPORT services that are not provided under a monthly or annual subscription plan.

 

TERMS & CONDITIONS

 

BY CONTACTING ASKJOHN FOR SUPPORT SERVICES OFFERED UNDER A SERVICE PLAN REFERENCED BELOW (“SERVICE PLAN”), THE INDIVIDUAL OR ENTITY ("CUSTOMER") AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE SERVICE PLAN. WITH RESPECT TO SUPPORT SERVICES THAT ARE GOVERNED BY THESE TERMS AND CONDITIONS, IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT CONTACT ASKJOHN OR ORDER THE SERVICE PLAN. TO CANCEL A PURCHASED SERVICE PLAN, CUSTOMER SHOULD CONTACT ASKJOHN, AS DESCRIBED BELOW. A SERVICE PLAN WILL BE EFFECTIVE WHEN ASKJOHN ACCEPTS CUSTOMER’S ORDER (“EFFECTIVE DATE”).
 
1.      Services. Upon acceptance of Customer’s order, AskJohn will provide support services (“Support Services”) on products, services or related technologies (“Supported Products”) for the applicable Service Plan, all as described at the following online webpage: https://www.askjohn.support/services (“Services Page”). AskJohn reserves the right to amend the Services provided and/or Supported Products covered under a Service Plan, at any time, by posting updates to the Services Page. AskJohn will not amend the Support Services and/or Supported Products in a way that (i) reduces the level of effort AskJohn provides under the Support Services, or (ii) materially impacts AskJohn’s obligation to deliver the Support Services, or (iii) materially impacts the rights that Customer receives under the Support Services. For any updates that affect Customer’s Service Plan, AskJohn will notify Customer of the update via the electronic mail address registered by Customer no less than thirty (30) days prior to its posting. The terms described at the Services Page are incorporated into these Terms and Conditions. In the event of any inconsistencies between the terms in this document and the terms at the Services Page, the terms at the Services Page will govern.
 
2.      Limitations.
 
2.1   Support Incidents (referred to as Tickets on the AskJohn website). Service Plans are provided in single or multiple Support Incident packages. A Support Incident is a specific, discrete problem or question whose origin can be isolated to a single cause. AskJohn will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. AskJohn, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; (e) notice that the problem has been identified as a vendor or manufacturer issue; or (f) an answer where AskJohn believes it is the best possible answer to be provided at the time. Under a Service Plan with a limited number of Support Incidents, each new Support Incident contact made by Customer will decrease the remaining number of eligible Support Incidents.
 
2.2   Response Times (referred to as Service Levels on the AskJohn website). AskJohn will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Service Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period.
 
2.3   (Reserved for future use).
 
2.4   Use. Support Services are not intended for use in the operation of any business or other activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, financial damage, reputational damage, or severe physical or environmental damage.
 
2.5   Technical Contacts (referred to as Users on the AskJohn website). Support Services are provided to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Service Plan (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Customer and AskJohn for support and advice under a Service Plan. For Service Plans with multiple Technical Contacts, if Customer wishes to change the Technical Contacts, Customer must give no less than five (5) days written notice of the change to AskJohn. If applicable to the Service Plan, enter the changes directly via the Customer’s secure, customised website as described in the instruction documents delivered at the start of the Service Plan.
 
3.      Exclusions. Unless otherwise specified in the Service Plan, AskJohn will not provide Support Services relating to problems or issues arising out of or from (a) the use of a Supported Product as a server-based application; (b) issues that could be resolved by upgrading a Supported Product; (c) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified by its vendor or manufacturer; (d) third-party products or technologies and their effects on or interactions with a Supported Product; (e) damage to the media on which a Supported Product is provided, or to the computer on which a Supported Product is installed; (f) use of a computer system that is incompatible with a Supported Product; and (g) issues relating to scripting, programming, compiling, debugging, infrastructure design, content creation, content customisation, project planning/design, resource management, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services described under a Service Plan.
 
4.      Customer Responsibilities. To receive Support Services, Customer must register the Service Plan and follow the access instructions provided by AskJohn. Customer is responsible for all fees in establishing and maintaining electronic and telephone communications with AskJohn. Customer will cooperate with AskJohn when seeking Support Services by providing information necessary to assist AskJohn diagnosing an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its private, confidential, proprietary or classified information. Customer will not disclose to AskJohn private, confidential, proprietary or any information that is subject to intellectual property rights that may expose AskJohn to liability. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Support Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorised distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions. Customer will take reasonable measures to prevent the unauthorised distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.
 
5.      Remote Access Support Services. As part of a Service Plan, AskJohn may provide Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on Customer’s computer through the installation and use of remote access software. Installation and use of the remote access software by Customer indicates its permission for AskJohn to provide Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with AskJohn. and/or its licensors. Use of the applicable remote access software may be subject to additional licensing terms available in the software at the time of installation. Customer may not disassemble or reverse engineer any portion of the remote access software. While remote access Support Services are provided, AskJohn will only access, control and gather information on Customer’s computer that it reasonably believes is necessary to analyse and provide assistance for the Support Incident. AskJohn recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.
 
Important - AskJohn may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a session.
 
6.      Disclaimer of Warranty. ALTHOUGH ASKJOHN CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, ASKJOHN WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, ASKJOHN AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
 
7.      Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, ASKJOHN'S AND ITS LICENSOR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE PLAN ORDERED BY CUSTOMER. WHERE THIS IS A MONTHLY SERVICE PLAN, THE AMOUNT IS ONE MONTH SUBSCRIPTION PAID BY CUSTOMER. WHERE THIS IS A ONE-OFF OR AD-HOC SERVICE PLAN, THE AMOUNT IS THE ONE-OFF OR AD-HOC AMOUNT PAID BY CUSTOMER. IN NO EVENT SHALL ASKJOHN AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT ASKJOHN AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OTHER DISCLAIMERS MAY BE CONTAINED IN THE LICENSING TERMS APPLICABLE TO THE REMOTE ACCESS SOFTWARE. IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
 
8.      Term and Termination. Unless terminated earlier in accordance with this section, a Service Plan will continue for a term of twelve (12) months from the Effective Date or until all Support Incidents are used, whichever occurs first (unless otherwise authorised by AskJohn in writing). AskJohn will not provide Support Services beyond the end of the Service Plan unless your Service Plan is renewed on or before its termination date. AskJohn may terminate a Service Plan at any time (a) if after providing Customer no less than five (5) days prior written notice, Customer fails to pay fees due for a Service Plan, or (b) if after providing Customer no less than five (5) days prior written notice, Customer fails to cure a breach of these Terms and Conditions, or (c) if Customer breaches a term of any license agreement governing the use of software provided or supported under a Service Plan. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within five (5) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Refund requests must be sent to AskJohn in writing, together with applicable proof of purchase. Sections 6, 7 and 12 will survive termination of these Terms and Conditions for any reason.
 
9.      Governing Law. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE AUSTRALIAN CAPITAL TERRITORY, COMMONWEALTH OF AUSTRALIA, AND IT'S COURTS WILL HAVE JURISDICTION OVER ANY MATTER. 
 
10.   Additional Services or Software. Any additional services provided, as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at a Customer’s location as part of a Service Plan, Customer will ensure that AskJohn is granted access to the location at the arranged time and will secure a safe working environment sufficient for AskJohn to perform the Support Services. In the event that software is provided as part of a Service Plan, such software is the copyrighted works of AskJohn. and/or its licensors. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software.
 
11.   Data Protection. Customer agrees and understands that it is necessary for AskJohn to collect, process and use Customer data in order to perform the service and support obligations under the Service Plan. This may include transferring Customer data to affiliated companies or service providers in accordance with the terms of the AskJohn Privacy Policy (see below). AskJohn will protect Customer’s information in accordance with the AskJohn Privacy Policy. AskJohn may record part or all of the calls between Customer and AskJohn for training, quality assurance and reference purposes.
 
12.   General. Customer may not assign its rights or obligations under a Service Plan. Any unauthorised assignment will be void. AskJohn will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between AskJohn and Customer with regard to the Service Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon AskJohn unless made in writing and signed by an authorised representative of AskJohn. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.

 
PRIVACY POLICY

 

Collection and Use of Personal Information

 

Personal information is data that can be used to identify or contact a single person.

 

You may be asked to provide your personal information anytime you are in contact with AskJohn. AskJohn and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any questions you may have.

 

Here are some examples of the types of personal information AskJohn may collect and how we may use it.

 

What personal information we collect

 

• When you create a login ID, apply for commercial credit, purchase a product, download a software update, register for online training, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.

• When you share or invite others to participate in AskJohn services or forums, AskJohn may collect the information you provide about those people such as name, mailing address, email address, and phone number. AskJohn will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.

• In some countries, we may ask for a government issued ID in limited circumstances including when setting up an account and activating your service, for the purpose of extending commercial credit, managing reservations, proving your identity or as required by law.

 

How we use your personal information

 

• The personal information we collect allows us to keep you posted on AskJohn's latest service announcements, critical software updates, and important information. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.

• We also use personal information to help us create, develop, operate, deliver, and improve our services, content and advertising, and for loss prevention and anti-fraud purposes.

• We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. 

• From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with AskJohn, you may not opt out of receiving these communications.

• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve AskJohn's services, and customer communications.

• If you enter into a contest, or similar promotion we may use the information you provide to administer those programs.

 

Collection and Use of Non-Personal Information

 

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

 

• We may collect information such as occupation, language, postcode, area code, unique device identifier, referrer URL, location, and the time zone where an AskJohn service is used so that we can better understand customer behavior and improve our services, and advertising.

• We may collect information regarding customer activities on our website and other online services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

• We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.

• We may collect information such as IP addresses, device model numbers, device serial numbers, software versions and other technical information about your IT assets. This information is used to deliver our services and verify account limits such as device and user limits under a service plan.

​

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

 

Cookies and Other Technologies

 

AskJohn's websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

 

AskJohn and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, you can opt out by accessing the link provided in each ad. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. 

 

AskJohn and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with AskJohn more convenient and personal. 

 

You can disable cookies in your web browser. Please note that certain features of the AskJohn website and other online services will not be available once cookies are disabled.

 

As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, country of origin and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.

 

We use this information to understand and analyse trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. AskJohn may use this information in our marketing and advertising services.

 

In some of our email messages, we use a “click-through URL” linked to content on the AskJohn and other websites. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on a website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

 

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

 

Disclosure to Third Parties

 

At times AskJohn may make certain personal information available to strategic partners that work with AskJohn to provide products and services, or that help AskJohn market to customers. Personal information will only be shared by AskJohn to provide or improve our services and advertising; it will not be shared with third parties for their marketing purposes.

 

Service Providers

 

AskJohn shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering support services to you, managing and enhancing customer data, providing customer service, assessing your interest in our services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located overseas.

 

Others

 

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country − for AskJohn to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

 

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganisation, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

 

Protection of Personal Information

 

AskJohn takes the security of your personal information very seriously. AskJohn online services such as payment processing and remote support protect your personal information during transit using encryption such as Transport Layer Security (TLS). When your personal data is stored by AskJohn, we use computer systems with limited access housed in facilities using physical security measures. 

 

When you use some AskJohn services, or applications or post on an AskJohn forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

 

Integrity and Retention of Personal Information

 

AskJohn makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

Third-Party Sites and Services

 

AskJohn websites, applications, and services may contain links to third-party websites, products, and services. Our services may also use or offer products or services from third parties − for example, a third-party app. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

 

Privacy Questions

 

If you have any questions or concerns about AskJohn's Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us.

 

All such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

 

AskJohn may update its Privacy Policy from time to time.