UBalancer Solutions Website
“Account” means the account You open when registering on the Website;
“Application” means the application that the User accesses through the provision of a licence purchased through the Website;
“Terms and Conditions” means these terms and conditions as varied or modified from time to time by UBalancer Solutions;
“UBalancer Solutions” means UBalancer Solutions Pty Ltd (ACN 73 606 330 821);
“User” means any person or entity seeking to use the Website in order to facilitate the purchase and use of the Application and “YOU” has the same meaning; and
“Website” means www.ubalancer.com.au
2. TERMS OF ACCESS TO THE WEBSITE
a. Your access to this Website is conditional on your acceptance without alteration of these Terms and Conditions. By continuing to access this Website and the Application you are agreeing to these Terms and Conditions and any amendment to them.
b. These Terms and Conditions may be varied or modified from time to time at the sole discretion of UBalancer Solutions, such varied terms will be published on the Website from time to time.
c. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this Website and the Application.
3. USE OF MATERIAL ON THE WEBSITE
a. Except for the limited use described in clause 3(b) below, you may not use the Website, or the material contained on it, for any purpose. This includes but is not limited to:
i. the reproduction of the material in any material form;
ii. the distribution of the material in any material form;
iii. re-transmission of the material by any medium of communication;
iv. uploading and/or re-posting the material to any other site on the web; or
v. “framing” the material on the Website with other material on any other web site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.
b. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the material, subject to any agreement with UBalancer Solutions to the contrary.
c. You may not modify or copy:
i. the layout of the Website; or
ii. the Application; or
iii. any computer software and code contained in the Website or in the Application.
You must be over 18 years of age to register or use this Website. By using the Website, You represent, undertake and warrant that You have the right, authority and capacity to enter into and comply with all of the Terms and Conditions.
You may register on the Website for an Account. As part of the registration process, you will be required to select a password. You are solely responsible for the confidentiality and use of Your password (including all activities conducted under your password) and agree not to transfer Your use of or access to Your Account to any third party. If You have reason to believe that Your Account is no longer secure, You must immediately notify us and You must promptly change Your password by updating Your account information.
3. Accurate information
You represent, warrant and undertake that the information that You supply to UBalancer Solutions, and specifically all information capable of identifying You, is accurate in all respects and does not breach these Terms and Conditions.
5. LINKS TO OTHER WEBSITES
a. The Website may from time to time contain links to sites on the web owned and operated by third-parties and which are not under the control of UBalancer Solutions.
b. In relation to the third-party sites on the web described at clause 5(a) which are linked to the Website, UBalancer Solutions:
i. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by UBalancer Solutions of the linked site; and
ii. is not responsible for the material contained on those linked sites.
a. UBalancer Solutions does not warrant, guarantee or make any representation that:
i. the Website, or the server that makes the site available on the web are free of viruses;
iI. the functions contained in the Application or in any software contained on the Website will operate uninterrupted or are error-free; and
i. errors and defects in the Website will be corrected.
b. UBalancer Solutions is not liable to You for:
ii. errors or omissions in the Website, or linked sites on the web;
iii. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
iv. defamatory, offensive or illegal conduct of any user of the Website,
v. whether caused through negligence of UBalancer Solutions, its employees or independent contractors, or through any other cause.
c. To the full extent permitted by law UBalancer Solutions disclaims any and all warranties, express or implied, regarding:
i. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
ii. the merchantability or fitness for the Application for any particular purpose or for any service or product contained or referred to on the Website and/or on any linked sites.
iii. You agree to accept the full cost of any necessary repair, correction and/or maintenance to your computer software or hardware which may be necessary as a consequence of You accessing the Website.
7. LIMITATION OF LIABILITY
To the full extent permitted by law UBalancer Solution’s liability for any implied warranty or condition is limited to the cost of supplying the Application and again supplying the User with access to the Website.
8. USE OF INFORMATION GATHERED
a. UBalancer Solutions and/or people authorised by UBalancer Solutions may gather and process any information:
i. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website; and
ii. gathered through the User’s use of the Website and
iii. the Application.
b. In doing this, UBalancer Solutions will take all reasonable care to ensure that all personal information and identifying features of the User are removed before utilising the information in accordance with paragraph (a) above.
9. TERMINATION OF ACCESS
UBalancer Solutions may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and UBalancer Solutions has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
10. ALTERATION OF TERMS OF ACCESS
UBalancer Solutions reserves the right to change these Terms and Conditions:
i. with or without further notice to you; and
ii. without giving you any explanation or justification for such change.
11. RELEVANT JURISDICTION
a. If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
b. These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Queensland, Australia, without giving effect to any principles of conflicts of laws.
c. You agree to the jurisdiction of the courts of the State of Queensland to determine any dispute arising out of these Terms and Conditions.
12. TERMS AND CONDITIONS RELATING TO THE PROVIDING OF INFORMATION
You represent and warrant in relation to any material and/or information You provide to the Website that:
i. You are authorised to provide the material and/or information;
ii. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
iii. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
iv. the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
v. the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1989 (Qld) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
13. INTELLECTUAL PROPERTY
Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned by UBalancer Solutions. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in Your location, and except as expressly authorised by these Terms and Conditions, You may not in any form or by any means:
i. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii. commercialise any information, products or services obtained from any part of this Website,
iii. without the written permission of UBalancer Solutions or, in the case of third party material, from the owner of the copyright in that material.
You will at all times indemnify and keep indemnified UBalancer Solutions and its respective officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by You; and publication of or distribution of the material and/or information supplied by You.